Divorce Lawyer Edmonton | Extensive Child Welfare Laws
When child and family services are investigating a claim of child endangerment says divorce lawyer Edmonton. The parents or guardians at the heart of the issue. Should find great legal help.
Not only are they going to need to understand. How to proceed, if child and family services does discover. That there is a child in their custody, in need of intervention.
But also, there are two possible ways that child and family services may proceed with this complaint. From handling the matters in court. To handling them outside of court.
The reason why they would want to handle matters outside of court says divorce lawyer Edmonton. Is that the court system is already extremely bogged down. With many different types of trials, and it can take a long time.
For the case to come before a judge, for instance many people. Are now waiting nine, ten or eleven months. Or longer than a year for their particular case to come before a judge.
And child and family services may be worried, that the child will continue to undergo. Abuse, or continue to be in danger. While waiting for the trial to happen. And while they will do their best.
Two file an apprehension order, which means they will take custody of the child. While waiting for trial, if a parent utilizes a great divorce lawyer Edmonton. Or if they appeal, they will gain custody of the child.
While waiting the year or more for a trial. Therefore, if they are able to handle matters out of court. By proposing a written agreement. That the parent will sign, and adhere to. Not only can they immediately remove the danger from the child’s life.
But they can do so immediately, all without waiting for an expensive and stressful trial. However, divorce lawyer Edmonton says a parent or guardian is not under any legal obligation. To sign such an agreement.
And in fact, they may want to avoid it altogether. Because it may have such legal ramifications. That a parent will not want to risk. Such as undergoing specific assessments, or parenting courses. Within a certain timeframe.
Else, they may lose custody of their child. However, before they make any decisions whether or not they will sign an agreement. They should talk to their lawyer to understand the content of the agreement.
What their obligations will be if they sign it, and the long-term ramifications once they do sign it. There are three different types of agreements that child and family services may present a parent or guardian.
Such as a family enhancement agreement. Which is going to allow a parent or guardian to have custody of their child well they make the changes needed. Or a custody agreement, where the province will have custody of the child.
While the parent makes the changes. Or, a permanent Guardian agreement, which will remove the child from the parents custody altogether. And strip them of their right to access their child.
Divorce Lawyer Edmonton | Extensive Child Welfare Laws To Know
It is very stressful to go to court says divorce lawyer Edmonton. And even more stressful, when it is for a child welfare case. According to the laws, such as the family Law act of Alberta. And the child youth family and enhancement act, a child who is in need of intervention.
May be abused by many different methods, such as physically abused, sexually abused. Even emotionally abused, either by the parent or guardian. Or, if the parent or guardian fails to protect their child against these abuses.
In fact, divorce lawyer Edmonton says the law is written in such a way. That if any person suspects. That a child is in danger. Or needs help, that person is legally obligated. To report it to the appropriate authorities.
The appropriate authorities being the RCMP, the police. Or, any of the many various agencies dealing with child welfare across Alberta. That together, make up the organization known as child and family services.
When child a family services receive a complaint. They are then legally obligated to follow up with that complaint. And investigates through every means at their availability. They may enter a home, to search the premises.
And see what kind of living conditions the family and child is living under. And if there are any signs of abuse that they can document. They will also be able to interview all pertinent people.
Including parents and guardians. As well as talk to the child in private, so that they may get to the bottom. Of what is going on in the home, as well as any necessary third parties that they suspect know something.
Such as siblings, other family members like grandparents, aunts or uncles. They may talk to neighbours, babysitters, teachers and more. Once they complete their investigation, divorce lawyer Edmonton says if they come to the conclusion.
That a child is in danger. And does need intervention, they can take the parents or guardians to court. And apply for an apprehension order. Where they will remove the child from their custody, while waiting trial.
Or, they can try to handle matters outside of court. By proposing a written agreement. Outlining the ways that they require the parents to make changes. In order to decrease the danger in the home to the child.
For example, they may require the parent to undergo parenting assessments, psychological assessments or neurological assessments. They may ask the parent or guardian to take parenting courses. Undergo psychological counselling, family therapy.
Or even getting help for their domestic violence situation. Or get help before any addiction that they have. Parents are under no obligation to sign this agreement, but before they make that decision.
They should consult with their divorce lawyer Edmonton. Who is extremely well versed in child welfare laws in Alberta. Who will then read the document, and gain a complete understanding of what the parent is being asked to do.
And then, together as a team. They can make the decision together. About what is in the parents best interest, that will help them correct the situation for their child. And move on with their life.