Divorce Lawyer Edmonton | Helping Children In Danger
One area of law, that divorce lawyer Edmonton hates. Is dealing with situations. Where children have been put in danger. A child who is in danger, is considered under the laws of Alberta.
To be a child in need of intervention. It is very specifically outlined. On the CANLii website. Which is a free website. Providing legal advice. As well as a child in need of intervention.
Is also found for free online. In the child youth family and enhancement act. Not only are these scenarios and situations. Very well described, in these documents. But these documents also states.
That it is the legal obligation. Of any citizen to notify. The authorities, if they notice. Any child who is in need of intervention. And if they do not report this to the authorities. And harm the falls that child.
They can be considered legally culpable. To these scenarios, and be found guilty. Of failing to protect the child. A child can be considered in need of intervention. Through a wide variety of scenarios.
For example, a child who has been abandoned. Or, through any circumstances is lost. If their parent or guardian has deceased. Then the authorities must get involved. In order to handle but happens to the child.
However, these are some situations. Where there is no specific blame necessarily. But a child in need of intervention. Can also be, because they are being. Specifically abused. Whether the abuse is happening.
By a parent or guardian. Or if the parent or guardian is somehow unable, or unwilling. To protect the child from those abuses. That also outlines, that the child is in need. Of intervention by the authorities.
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This type of danger and abuse can cover everything from physical injury and abuse. To emotional injury and abuse. Sexual injury or abuse, as well as cruel and unusual punishments.
Once a person alerts the authorities. Whether it is the police, the RCMP. Or one of the many government agencies. Authorized to deal with child welfare issues. That is collectively known as child and family services.
They have extremely broad powers. Not only to investigate the situation. But to actually rectify the situation. Both in, and out of court. Once they have completed their investigation.
If child and family services decides to handle. The situation outside of court. They can propose written agreements. With the parents or guardians. On how to address the concerns. That they found through their investigation.
These agreements must be voluntary. Which means a parent or guardian must not. Be forced, or coerced into signing them. However, once they are signed. They become legally binding.
Until the conditions are met. Or until the agreement reaches its and date. And going to court after these agreements are signed. Are not going to change them according to divorce lawyer Edmonton.
If they are given one of these agreements. Parents and guardians should get advice. From divorce lawyer Edmonton. On whether they should sign them. Negotiate the terms. Or oppose them altogether. And once they are opposed, a court date will be set.
Divorce Lawyer Edmonton | Helping Children In Peril
Many parents find themselves needing a divorce lawyer Edmonton. Because child and family services have investigated. And decide, that one or more of the children. In their care need help.
While parents and guardians have the option. To sign the proposed agreements. That child and family services provides them. The only time a parent should sign them. Is after talking to their lawyer.
If they decide to oppose these agreements. Not only will a court date be set. But child and family services also have to decide. If they want the children to continue. Being in the care of the parents.
While they wait for a court date. A court date may take months, or years to take place. And for serious issues. Where the child is in significant need of intervention. Child and family services may apply for something.
Called an apprehension order. This order is simply seeking custody. Of the children, before the court date. This apprehension order does not keep the children. From the parents permanently.
But in cases of children being physically, or sexually abused. Child and family services may argue. That it would be in the child’s best interest. To be away from the parents. Pending the court date.
Parents should keep in mind. That child and family services have a very specific amount of time. For example, it is forty-two days. From receiving the parents opposition. To apply for the apprehension order.
If child and family services wish to apply. For the apprehension order, no notice must be given. To the parent, but if the judge does agree. That an apprehension order should be granted. The parents will have an opportunity.
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Two respond to the apprehension order. Once a judge has granted or denied an apprehension order. Child and family services then have. Certain amount of time to decide.
What substantial of application they want to make. In order to rectify the situation. That had the child in need of intervention. In the first place. There are three types of applications. That child and family services can make.
For example, the first application is called a supervision order. This is an order that child and family services makes. When they believe the children should stay. In the care of the parent or guardian.
While they rectify the problems. That caused the child to be in danger. In the first place. Divorce lawyer Edmonton says that conditions. That child and family services may ask to be fixed.
Could include things like receiving counselling for domestic violence. Taking parenting courses. Or literally changing things in the home. To eliminate the danger.
Child and family services can also apply for temporary guardianship. Or a permanent guardianship. Which refers to where the child will be. While the parents are rectifying the situation.
That put the child in danger in the first place. Regardless of which substantial of application is made. Divorce lawyer Edmonton recommends that parents. Comply with all of the recommendations.
From child and family services. While waiting for their date in court. So that once they are before a judge. Not only can they show that they are cooperating. But often, the situation will be resolved.
And child and family services may simply. Withdraw their application in the first place. As there is no longer a danger to the child.