Divorce Lawyer Edmonton | Crucial Child Welfare Rules
No parent wants their child in danger says divorce lawyer Edmonton. However, the situation does happen. And when a parent or guardian is facing an investigation by child and family services.
The best thing to do, is to retain a lawyer. To help them through the next steps. Whether they simply receive an agreement. That can help them rectify the danger to the child effectively and entirely.
Or if child family services has decided to take the parent or guardian to court. In order to rectify the situation. The reason why hiring a divorce lawyer Edmonton is a great idea. Is because when children are part of a divorce.
The lawyer is going to need to understand how the laws relate to. The child, and understand the rights of the child. And the parental obligations to that child as well. And while the divorce lawyer Edmonton is usually dealing with.
The family Law act of Alberta. There are a lot of laws that overlap. In the child youth family and enhancement act. That pertains to child welfare laws. One of the first things that parents will find out.
Is that no matter how credible or not the complaint was. Against them, child and family services are legally obligated. To investigate to their best ability. Which can include entering the family home, and looking throughout.
They can talk to the child’s directly, talk to the parents or guardians. And all third parties that may have pertinent information. Such as siblings, grandparents, aunts and uncles. As well as neighbours, teachers and babysitters just to name a few.
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Once the investigation is over. If child and family services believe that there is no danger to the child. They will close the file, and leave. However, if they believe that the child is in need of intervention, they have two ways that they can proceed.
The first way, is to give the parent or guardian. And agreement, that once signed, becomes legally binding. And can rectify the situation, if the parents or guardians follow the advice in the agreement.
Parents or guardians are not required to sign this. It must be voluntary, and they cannot be forced, coerced or bullied into signing. Even though it may be misrepresented to them when it is presented.
This is one of the first things that a divorce lawyer Edmonton can help parents understand. They are under no legal obligation to sign this document. And doing so, will legally obligated them to the contents of the agreement.
While sometimes, the agreement is completely fine. And has very helpful things that the parents can do, such as going to counselling, taking parenting classes. Or getting substance abuse training.
However, a lawyer suggests not signing anything. And instead, handling it in a different way. They can go to court, and while it takes a year to get to the courtroom. They can be fulfilling all of the requirements in the unsigned agreement.
Divorce Lawyer Edmonton | Crucial Child Welfare Rules To Know
There are many ways that a child might be in danger says divorce lawyer Edmonton. And if they are in danger, child and family services is obligated to get involved. To investigate, and then help remove them from danger.
Child and family services can do one of two things. In order to rectify the situation says divorce lawyer Edmonton. They can first, try to handle this outside of court. Since the courts are very full of cases.
And there is no need to get a judge involved, if they can handle things on their own. Depending on what the danger is, and why the child needs help. They can supply a custody agreement, a family enhancement agreement.
Or permanent Guardian agreement. The custody agreement says a lawyer. Will remove the child from the parental care. Until the parents have rectify the situation. And there is no danger represented to the child.
The family enhancement agreement is the second type of agreement. That a parent can sign, that simply outlines. What child and family services once the parents or guardians to do. In order to remove the danger from the child.
The types of actions suggested in this document are things like. Going to individual counselling, family therapy. Yet addictions counselling, or parental classes. Just to name a few things says divorce lawyer Edmonton.
And finally, the permanent Guardian agreement strips parents and guardians. Of their parental rights, and is legally binding, as well as permanent. While some of these agreements do not sound bad to sign.
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Parents should always get independent legal advice. Such as from an expert divorce lawyer in Edmonton. Before signing anything, so that they can fully understand the document. And it is legal and long-term ramifications.
Often, the lawyer will help parent eliminate the danger. All without having to sign anything permanent. However, in some cases. Child and family services believes that the parents will not rectify the situation easily.
And they may request to go to court immediately. This is also a situation where a parent or guardian will need to hire a divorce lawyer Edmonton. In order to appear in court, and argue their case effectively.
The first thing that the child and family services will do is file an apprehension order. Asking to remove the children from the parental care, until the court date. Their lawyer will be able to argue the case in front of a judge.
That the parent should have custody. Especially since the trial may take several months or over a year to be seen in court. And a parent is not going to be without their child for that long. Also, after that time child and family services need to decide.
What type of substantial of application they are going to make. And they only have forty-two days from the apprehension order. In order to do this.
They can ask for a supervision order, temporary guardianship order. Or permanent guardianship order, a lawyer will be able to help parents understand the ramifications of each.