Divorce Lawyer Edmonton | Child Welfare Laws And You
Parents who are facing an investigation from child and family services, should find a great divorce lawyer Edmonton. Who is well-versed in child welfare laws. The reason why divorce lawyers are knowledgeable about child welfare laws.
Is because going through the divorce, or separation. Divorce lawyer Edmonton must always be aware. Of ensuring that the rights of the child are always looked after. And that parents continue to be responsible.
For caring for those rights, as obligations. There are many ways that a child may require intervention. According to the child welfare law, the child youth family and enhancement act.
This law states that any time a person notices. That a child might need help. They are obligated to report that. And they need to reported to the police, the RCMP. Or any of the many various agencies dealing with child welfare across Alberta.
Collectively, these organizations are referred to in the act, as child and family services. And any time child and family services receives a report or complaints. Of a child who is in need of intervention.
They are legally obligated to investigate and follow up on it. This can include showing up, unannounced at a family home. To look around, to see if there are any signs of abuse. And talk to all necessary parties.
Including, but not limited to parents and guardians. The child themselves, and third parties. Such as siblings, extended family like grandparents, aunts or uncles. Neighbours, teachers and others.
If the child is in need of intervention, the parents or guardians should hire a divorce lawyer Edmonton. Who understands the laws, as well as understands. What the parent should be doing, in order to rectify the situation.
Child and family services may respond. In one of two different ways. Such as taking the matter to court immediately. Where they will most likely file an apprehension order. To remove the child from the parents custody while waiting trial.
This is usually reserved for the most serious cases. However, it is far more likely. For the parent to receive a written agreement. That child and family services will request they sign.
These agreements, are essentially ways that they want the parent to correct the situation. And can include things such as getting counselling for addiction or domestic violence.
They may be required to take parenting courses, or undergo assessments, like parenting, psychological or neurological assessments. They often will have to undergo these requirements. In a set amount of time.
Otherwise, they will trigger the ramifications. Outlined in these written agreements. The timelines are in place, to ensure that parent corrects the situation. In a timely fashion, to help the child no longer be in danger.
Any time a parent receives a written agreement from child and family services. They should consult with a divorce lawyer Edmonton. Such as the experts at elaw alliance, in Edmonton. Who will be able to help them understand the document. And if they should sign, or not. And prepare them for their next step.
Divorce Lawyer Edmonton | Child Welfare Laws And How They Pertain To You
Child welfare laws can be confusing admits divorce lawyer Edmonton. However, if a child is in need of intervention. Child and family services will get involved, and parents or guardians are going to need great legal advice.
If a child does need intervention. Child and family services will have the option of handling it in court or out of court. In court, is going to be a lengthy process. Especially since the trial will usually take about a year to be called up.
And in that time, the parent should be working to address the deficiencies. That have put their child in danger. As well, depending on the severity of the issues. Child and family services may apply for an apprehension order.
It is granted in court by a judge. And legally allows child and family services to remove the child out of the home. With no notice given to the parents or guardians for it takes place.
They will then need a divorce lawyer Edmonton to help argue the case in front of the judge. On why they should continue to have access to their child. While waiting for the trial.
And the judge can either agree or not. While most judges want to ensure. That children can have as much access to the parents as possible. Depending on the severity of the issue, they may agree with child and family services.
That it is in the child’s best interest. To be removed from the parent or guardians custody. The next thing that will happen, is that child and family services will need to figure out. In a very short amount of time.
How they want the court to rule, they have forty-two days. From the child being removed from the parents custody. On whether they want to file a supervision order.
Which will have the parent keep custody of the child. As they fix the deficiencies. In order to make the home, and child more safe. A temporary guardianship order, while the province has custody of the child.
While they go through the same motions to fix the deficiencies. And remove the danger to the child. Or, divorce lawyer Edmonton says they can request a permanent guardianship order which is the most serious of them all.
Which will remove the child from the parents custody permanently. As well as terminate their parental rights. The supervision order and temporary guardianship order will vary in length, usually between 3 to 6 months.
And if this is the outcome of the trial. Parents and guardians are obligated by law, to uphold the terms of these orders, or face the consequence. Which is often going back to court. Or face losing custody of their child.
In all situations, there going to need help from a knowledgeable and expert divorce lawyer Edmonton. Such as those at the law alliance, in Edmonton. Parents or guardians can contact them for a free one hour consultation. Get started in receiving the help they need today.