Divorce Lawyer Edmonton | Child Welfare Court Cases
Many things can happen if a person makes a complaint that there is a child in danger says divorce lawyer Edmonton. In Alberta, the act that governs this area of law is a very large and extensive document. And it is called the child youth family and enhancement act.
The first thing that will happen if somebody complains about a child in danger, or needing intervention. Is that one of the government agencies that handles child welfare start an investigation.
There are many different government agencies that can do this. Depending on where in the province people are. And especially if it is a rural or urban case. Collectively, these government agencies are referred to as child and family services.
They are able to investigate very thoroughly, even going into parent and guardians homes in order to see the living conditions that the children are Capt.
As well as talk to the parents and guardians themselves, the children involved. As well as any other people that they feel would have information to help them fully understand the situation.
Divorce lawyer Edmonton says this can include extended family like grandparents, aunts and uncles and even siblings of the child. But also neighbours, teachers, and parents of their friends.
Once child and family services has completed their investigation. They will be able to make a decision on how they wish to proceed with their findings.
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They can either try to handle the situation outside of the courtroom. By creating a family enhancement agreement. This document will provide a number of conditions that parents and guardians must complete. And complete those conditions within a specific amount of time.
However, divorce our Edmonton says because a parent or guardian is not legally obligated to sign this document. They may decide not to. Whether they have made that decision with a lawyer, or not.
If a parent or guardian decides not to sign the family enhancement agreement. This will trigger instead a trial date. Where the issue will come before the judge.
If it goes before the judge, the first thing that needs to happen is understanding who is going to have custody of the child prior to the trial.
And while child and family services will petition to have initial custody. Parents will typically want custody for themselves. Especially because the trial can be in several months, or more than a year away from that date.
However, if after the child and family services investigation. They find that there is significant risk to the child. They can instead go straight to court, without a family enhancement agreement. Especially if they think that the child is either in extreme danger.
Or if they think that the parent will not try or be able to complete the conditions that would be outlined in such a document says divorce lawyer Edmonton.
Once it goes directly to court, the same steps will happen. They must figure out who will have custody of the children while the matter is waiting to go to trial. And then they will have the trial, where both sides will present evidence to make their case.
Divorce Lawyer Edmonton | Child Welfare Court Cases In Alberta
Even though the best case scenario will be that children who are found to be in need of intervention can get help says divorce lawyer Edmonton. This is not always the case. And when children need to intervention.
Or in the scenario of parents or guardians are unable or unwilling. To complete the conditions needed to remove the child from the danger. These situations can end up with a judge deciding what is in the best interest of that child.
During a court date, with a trial. In the child youth family and enhancement act, children are at risk if their parent or guardian is engaging in abuse, either physically, sexually or emotionally.
Or, if the parent or guardian is unable or unwilling to protect the child from those same types of abuses. What the court has found, that in many instances. If a guardian is unable to protect the child from certain types of abuse.
It is often because they are experiencing the same types of abuse themselves. And this is why they may be unable to protect their child. In which case, a family enhancement agreement. Is not going to make a parent more able.
To protect their child then they were before the agreement was drafted up. This is why it is necessary for parents to end up in court, after a child and family services investigation. This is also why it is very important why parents need.
To have their own legal representation. Because they will have the opportunity to plead their case before a judge according to divorce lawyer Edmonton. If they present their own evidence, indicating why they were unable.
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To protect their child. They can also end up getting the protection they need from their own abuser. But without going through this system, it may be much more difficult to protect the child and the parent or guardian.
When a child welfare issue goes to court. Child and family services will have three different applications they can make. On what they are hoping the judge will rule on.
The first is a supervision order. And if the judge rules in favour of Child and family services, this means that the parents will be able to have custody of their children. While going through the conditions they need to complete.
In order to remove the danger from the child’s life. These conditions can include parenting courses, and therapy that can help them have the tools they need to be better parents. The second type of order they can apply for.
Is the temporary guardianship order. Which will have the same types of conditions. However, the children will either be in foster care or in the care of other family members. As they complete the conditions.
And finally, child and family services can petition in serious cases for permanent guardianship order. Which strips a parent or guardian of their parental rights. When they go to trial, child and family services will be asking.
For a judge to rule on one of those three orders. So that the judge will either rule in favour of the parent, or accept the order that was filed on behalf of the child and family services.
This can be extremely serious. Which is why divorce lawyer Edmonton recommends that anyone going to trial. Should find legal help, through many of the agencies in Alberta that can help them navigate this issue.