Divorce Lawyer Edmonton | Helping Children In Need
One situation that most divorce lawyer Edmonton hope they never have to deal with. Is cases of children who are in need of intervention. There are many different descriptions.
Of what it looks like, when a child is in need of intervention. If someone discovers. That a child is in need, in this specific way. They are actually legally obligated. To bring this to the authorities attention.
Also, the authorities can include the police, the RCMP. Or a series of agencies. Across Alberta, specifically dealing. With the child welfare issues. Collectively, this can be referred to as child and family services.
However, many people may not know. What a child in need of intervention looks like. Ultimately, there are many different ways. Both specific and generic. That a child may be in danger.
And in need of intervention. For example, a child who has been abandoned. Or who is lost. Is considered a child in need of intervention. Or, if that child’s only parent or guardian has passed away.
Then child and family services. Must get involved in order. To figure out, what happens with the child. And where they will live, now that their guardian is deceased. However, this is only a few instances.
Of where a child is in need of intervention. A child could also be considered in need of intervention. If they are in danger of physical or sexual abuse. Divorce lawyer Edmonton says anyone who is aware.
Of the child who is receiving, or is in danger of receiving. Physical or sexual abuse by a parent or guardian. Or, whose parent or guardian is either unable. Or unwilling to protect the child. This is also a child in need of intervention.
Also, other ways that a child could require protecting from child and family services. Is if they are receiving emotional injuries. From the parent or guardian. Or if the parent or guardian is unable.
Or unwilling to protect the child from emotional injury. As well, child and family services also help. If the child is receiving cruel or unusual punishment. Either from the parents or guardians themselves. Or if there guardians.
So, are unable, or unwilling to protect them. From this cruel and unusual punishments. Parents and guardians, witnesses. Siblings, neighbours and other witnesses. Are required by law.
Furthermore, to report any of these scenarios to the authorities. Who can include the RCMP, police. As well as any government agency, that can act on the half of child and family services.
Once child and family services receives a complaint. They actually have extremely broad, sweeping powers. To not only investigate the complaint. But also, to take swift action immediately.
Additionally, their broad powers can include. Interviewing the child, parents and guardians. As well as all of the necessary witnesses. But also, they can come into the home. Interview all other children in the house.
And talk to other people. Who may be able to provide. Special insight, into the situation. From neighbours, other family members. Like ants, uncles and grandparents. And even the parents teacher.
Once child and family services have wrapped up their investigation. They can handle matters. One of two ways. Before parents agreed to anything. They need to get the advice of divorce lawyer Edmonton. Because anything that they sign, will be legally binding.
Divorce Lawyer Edmonton | Helping Children Out
Divorce lawyer Edmonton recommends getting legal advice. Any time parents are contacted. By child and family services. In order to rectify the situation.
Again, not only do child and family services have broad powers. To investigate claims. Of children in need of intervention. But they also have broad and sweeping powers. To rectify the situation.
Again, they can handle things either outside of court. Or they can take matters to a court system. In order to help rectify. The situation, and get the child out of the danger. That they perceive the child to be in.
Often, once child and family services. Have concluded their investigation. They can supply some written agreements. That they may ask the parents to sign. These agreements, once signed.
Again, will become legally binding. They often have conditions. That the parents are being asked to meet. In order to get the child out of danger. And satisfy child and family services. That the child is no longer going to be in danger.
These agreements can be called things like custody agreements. Or they could be called family enhancement agreements, or even permanent Guardian agreements.
However, one of the most important things. That divorce lawyer Edmonton wants to point out. Is that signing these agreements. Are completely voluntary. And parents must not be forced, or otherwise coerced.
Also, into signing these documents. Ultimately, they should get independent legal advice. Such as from legal aid. Or from divorce lawyer Edmonton directly. On how they should proceed. Whether they should sign this document.
Negotiate the documents terms. Or, oppose them entirely. And see child and family services in court. Once the parents, or guardians have decided. How they are going to respond.
Two these agreements, child and family services. Have a certain amount of time. Additionally, on how they will respond back. To the parents, especially if the parents. Our opposing it, and are then going to want.
Also, to appear in court. The next step that child and family services will take. Will file a documents. Called an apprehension order. This is if they believe that the child. Is in immediate danger.
What the apprehension order will allow. Is for child and family services to apprehend the child. Out of a home, and into foster care. Or placing the child with other family members.
Now notice will be given. To the parents or guardians before this apprehension order is filed. However, before they can come in. To a home and take a child. The parents will have the opportunity.
Again, to respond to the apprehension order. If parents find themselves in this type of situation. They need to understand. That they have all of the rights to legal counsel. However, most lawyers recommend.
Even if the parents decide. To fight this situation in court. They recommend that the parents comply. With all of the recommendations found. In the child and family services initial report.
So that by the time they get to court. Child and family services will have the opportunity. To withdraw their complaint. Seeing as how there is no danger. To the child any longer.