Divorce Lawyer Edmonton | Child Welfare Laws in Alberta
There are many things to take into consideration when considering the welfare of children, whether parents have their own divorce lawyer Edmonton or not. The act that governs this area of law in Alberta is called the child youth family and enhancement act.
There are many different government agencies that can be called in to handle matters associated with child welfare.
However, no matter which agencies they are, when child and family services agencies get a complaint. Or if they hear about a child in need, they must respond says divorce lawyer Edmonton.
During the CFS agencies in response, they have the option to handle the matter outside of court. Or they have the option to take the matter directly to court.
The options that they have, will be to help protect the child from a wide variety of issues that endanger them physically or mentally.
If the child is in danger, is the child and family services responsibility to determine if the child needs intervention.
And intervention means they need to be removed from the care of the guardians, because they believe that the safety, security or development of the child is endangered.
If the child’s welfare is endangered in any way. It is not just child and family services duty to report the situation. But it is their legal obligation as well.
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Many people may not realize, but once child and family services is involved in a complaint. They have extremely broad powers to investigate the complaint.
Not only can they come into the home, and investigate the conditions. But they can also speak to the parents or guardians. In any third parties that can be witnesses to the complaint that was filed.
And although child and family services has broad powers. That allow them to investigate, and to issue orders. It is very important that guardians or parents understand their rights when it comes to these orders.
And they are completely voluntary to sign. And child and family services cannot force anyone into signing them against their will.
In fact, the recommendation from most lawyers will be. If anyone is handed an order from child and family services. That they get independent legal advice before they sign.
Because once they sign an order from this agency. It will become legally binding, and some of the agreements. Can have long-lasting ramifications for the guardians, and their children.
There are options that guardians or parents will have. If they are given an order from child and family services. They can either voluntarily agreed to sign it. They can negotiate to revise the terms.
And if they cannot come to an agreement on what those terms should be. Both parties may actually argue this out in court.
Ultimately, the goal of child and family services is to protect the children. So if the matter does go to court according to divorce lawyer Edmonton.
The judge will take into consideration both sides. And ultimately, will make a decision based on the best interests of the child.
Divorce Lawyer Edmonton | Learning The Child Welfare Laws in Alberta
There are many different things to take into consideration says divorce lawyer Edmonton. If a parent or guardian is being investigated by child and family services.
And while the government agencies that make up the child and family services. Has a goal of ensuring children are safe. Parents or guardians need to get independent legal advice. In order to be prepared for what is going to come next.
Ultimately, if a child is not in danger. But child and family services see things that should be addressed. They have three different applications. Parents can make to address the situation.
The first application they can make is a supervision order. And this is designed to help parents comply, or follow specific orders, or rules. That are set out to help them solve the problem. That was discovered by investigating the complaint.
The supervision order allows children to remain in the guardians, or parents care. While these conditions are being met.
Some of the conditions that can be required. Include going to counselling, such as psychological, addictions or domestic violence counselling. Or, they might be required to get assessments done. Such as parenting assessments, or psychological or neurological assessments.
As soon as the parents or guardians comply with the conditions of the supervision order. Child and family services can end the matter. Or they can reassess the situation and take the next necessary steps.
The second type of application they can make. Is the temporary guardianship order. Which has similar types of conditions that parents or guardians must meet.
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However, the children do not remain in the guardians care. While the conditions are being met. And can be in the care of other family members. Or foster care during this time.
Again, once conditions are met, child and family services can make the decision on ending the matter. Or reassessing the situation and taking the next appropriate step says divorce lawyer Edmonton.
And the last order that CFS can make, is a permanent guardianship order. Which is the most serious out of all of the three. This order indicates that they do not believe that the parent or guardian will comply with conditions.
Ultimately, this order will strip parents and guardians of their parental rights. And if this order is presented, parents and guardians should get independent legal counsel.
So that they do not and up terminating their parental rights. Without understanding what they are signing. While parents and guardians can sign any of these orders initially.
The recommendation from divorce lawyer Edmonton, would be to take the matter to court. And let a judge decide. And if this is the case, parents and guardians should be doing their best. To comply with the conditions while waiting for their trial date.
If by the time they get to trial, parents have already met the conditions. As they were laid out by child and family services. It can help the judge rule in the guardians favour. Which can and the matter was investigated by child and family services in the first place.
Ultimately, any time a parent or guardian gets an application. Or an agreement from child and family services. They should hire a lawyer to look over the paperwork. And then advise them on what the next steps should be.