Divorce Lawyer Edmonton | Children Who Need Protection
Most people would agree, says divorce lawyer Edmonton. That children typically do not need. To be protected from their parents, or their guardians. However, there is an entire branch of government.
Called the child and family services. Who are devoted to investigating. As well as correcting situations. Where children are in fact, in danger. Sometimes, it is not the fault of the parent or guardian.
Or, it is a scenario. Where a parent or guardian needs education. Or they themselves need help. Such as counselling, addictions therapy. Or, the parent themselves are dealing. With an abusive situation.
Also, in fact, there is an entire statute in Alberta. That covers the area of law. Furthermore, designed to protect children. This is called the child youth family and enhancement act. Furthermore, this act outlines what a child who needs help.
Additionally, looks like, and is referred to. As a child who is in need of intervention. In this statute, a child who needs intervention. May be abandoned, with their parent or guardian having left them. Either for a short period of time.
For example, on the weekend while they went out with friends. Also or who left them permanently, and they now need. Someone to care for them. Divorce lawyer Edmonton says a child may also have had their parent or guardian.
Also, pass away, and another parent or guardian. Is not available. To take the child, or have custody of them. In this case. Child and family services would get involved. Again, the find out who the most appropriate person.
Again, should take the child. Often, they will see. If the parent or guardian left a will. Also, that names who will take the child. And in cases where this is not provided. The child and family services worker.
Will have a protocol to follow. In order to get that child cared for properly. And, unfortunately in other situations. A child in need of intervention. Is described as a child who is in danger of.
Or is on the receiving end of abuse. Abuse in the child youth family and enhancement act. Is outlined as physical injury or abuse. Including cruel and unusual punishments. If the child is on the receiving end.
Of emotional or mental abuse. And if the child is receiving sexual abuse as well. Whether a parent or guardian is perpetuating the abuse. Or if they are unable, or for some reason unwilling. To protect that child from that abuse.
In fact, divorce lawyer Edmonton says. That the child youth family and enhancement act specifies. That if any citizen witnesses. A child in need of intervention. They are actually legally obligated to report this.
Once it is reported. Child and family services get involved. Where they have extremely broad powers. To not only investigate the claim. But to correct it, if their investigation. Discovers that there is abuse happening.
While nobody wants to think of a child who is being abused. Additionally, the sad fact of the matter is child abuse happens in Alberta more often. Then people would want it to happen. And there are government agencies. And laws in place to help the most vulnerable.
Divorce Lawyer Edmonton | Safeguarding Kids
Unfortunately, in situations says divorce lawyer Edmonton. Where child is being abused. An investigation from child and family services will happen. And there are two options that will result.
The first one, is that the child and family services worker. Will bring an agreement to the parent or guardian. That outlines the changes. That they are requesting to be made. That will rectify the situation.
And can ensure that the child. Will no longer be in danger. This may be called the custody agreement, a family enhancement agreement. Or even be called something like a permanent guardianship agreement.
It is completely voluntary to sign. But once signed, becomes legally binding. In some cases. Divorce lawyer Edmonton says as long as parents understand. Their rights and obligations, this often.
Is a great way. To resolve the situation. There might be steps in the agreement. Requesting that the parent undergoes assessments, counselling. Or take parenting courses. So they are more equipped.
To protect their child. Or, that they will get the help they need. To be better able to protect their child. However, not all child and family services outcomes. Our this neat and tidy.
If the abuse is significant enough. They child and family services worker. May simply escalated to court immediately. In this case, they will typically make a decision. On whether the children should stay in the home.
While waiting for the court date to happen. However, divorce lawyer Edmonton says. That if the situation is enough. Also, to not even try resolving the issue. With the parents or guardians. Again, it is likely serious enough.
To warrant taking the child. Out of the situation. While waiting for a court date to happen. This apprehension order, as it is called. Will need to be granted by a judge.
And the parents or guardians will get an notice, that an apprehension order. Has been requested. Then, the child and family services worker. And the parent or guardian. Will appear before a judge.
To plead their case, for the judge. Will decide where the children should stay. Pending the court case. After the apprehension order is either approved. Or not, the next step.
Is for the child and family services worker. To decide upon. What kind of substantial of application. They want to make, and under the child youth family and enhancement act. There are three options.
However, the first option is a supervision order. Again, this is in order that says the child can stay with the parent or guardian. While they are making the changes. Also, to make the child more safe. Divorce lawyer Edmonton says the second option.
However, is a temporary guardianship order. Also, where the child is placed with another family member. Or in foster care. While the parent is making. Finally, the necessary changes. Also, to ensure the safety of their child.
And finally, they can apply for a permanent guardianship order. That essentially strips the parents. Also, of their parental rights permanently. Regardless of which application is made. Parents and guardians should get independent legal advice. So that they understand how best to proceed.