Divorce Lawyer Edmonton | Helping The Most Vulnerable
No parent wants to have their child’s welfare called into question says divorce lawyer Edmonton. But this is a harsh reality. For many parents and guardians. Most often, the harm is unintentional.
Where the solutions can often be. Getting the right people into counselling. Giving them the tools or education they need. To correct their behaviour on their own. Getting counselling such as psychological.
Or addictions counselling. Or helping the parents. Yet out of the domestic abuse situation. That is affecting the welfare of their own children. Most parents are not intentionally putting their children in harms way.
But regardless, child and family services are tasked. With the duty of investigating. And protecting the most vulnerable citizens. Of our society, our children. It is in fact every person’s obligation, legally.
To alert the authorities. Whether it is the police, the RCMP. Or the child and family services department directly. Any time they see a child. Or children, who are in need of intervention.
In some cases, the intervention is simply. Helping them get back to their parents. After they have run away from home. Or, finding them suitable guardians. After their parent has passed away.
However, divorce lawyer Edmonton says in some situations. The child is being abused. Mentally, physically or sexually. Either by the parents or guardians themselves. Or the parents and guardians are unable.
Or, unfortunately unwilling to prevent the abuse. From happening to one or more of their children. In fact, the child youth and family enhancement act even outlines. Cruel and unusual punishment.
As something that children need to be saved from. Once the authorities have been alerted. Child and family services is called into action. Using extremely broad powers. To investigate these claims.
Not only can they enter into buildings. And search for evidence, they can enter a child’s home. Speak to the parents or guardians. Speak to the child directly, and all witnesses that are important.
Witnesses can include other family members. Like cousins, aunts and uncles or grandparents. Neighbours, friends and even teachers. Anyone who might have insight. Into that child’s life.
As well as the abuse that they might be experiencing. Once they have concluded their investigation. They will either decide if the situation. Can be resolved through a legally binding agreement.
Or if they will pursue resolution. Through the court system. Where they will ask a judge to make a decision. Whether they decide. To go through the court system. Or if the parents and guardians refuse.
To sign the agreement, the child and family services department. Has another decision to make. On whether or not to apprehend the children. In advance of the court case, or not.
When they apply to the courts. To seize custody of the children. And what is called an apprehension order. The parents or guardians, and child and family services. Will argue in court.
Whether custody should be taken away. Or left with the parents. Before the court date happens. It could take weeks, months or years. To get the situation to court. Which is why this is a very serious decision.
Divorce lawyer Edmonton says parents should definitely get. Legal advice from their lawyer. Or, at least through the legal aid Society of Alberta. Once the custody situation has been decided.
Divorce Lawyer Edmonton | Children In Woe
Divorce lawyer Edmonton says nobody wants to go to court. In order to find out. Who will get custody of their children, in the case. Of a child welfare complaint. However, this is unfortunately a common scenario in Alberta.
The first step that child and family services must make. Is investigating whether or not. A child is in need of intervention. And their first step to resolve it. Is proposing the parents fix the situation first.
If they do not want to sign. This document, it automatically goes to court. And a custody hearing will follow next says divorce lawyer Edmonton. That is used to determine. Who will have custody of the children. Before the court case.
The next step for child and family services. Is deciding on a more substantial application. They have essentially three options. That will decide the fate of the children, temporarily.
The substantive application is deciding. Who gets custody of the child or children. While the parents or guardians are fixing. What caused their child. To be in need of intervention in the first place.
There are three options that the child and family services. Can pursue, to resolve the situation. The first option is called a supervision order. This means that child and family services believe it is in the child’s best interest.
To stay in the family. While the parents or guardians are resolving. The issue that caused the child. To be unsafe in the first place. When child and family services makes this application.
They are essentially saying to the judge. They have a lot of faith. That the parents need well, and will work hard. To rectify the dangerous situation. This will influence the judge’s decision greatly.
The second option that child and family services can pursue. Is called a temporary guardianship order. This usually is around 3 to 6 months. That will remove the child from the parent or guardian.
In order to allow them the time needed. To rectify the dangerous situation. And finally, the third option is called a permanent guardianship order. And is the most serious of the three.
According to divorce lawyer Edmonton, this essentially strips. The parent of all of their parental rights. And is permanent, which means even if they fix. The dangerous situation. They will not regain custody of their children.
This is why it is very important. That any parents or guardians. Who are involved in a child welfare situation. To get independent legal counsel. So that they know exactly what their rights are.
They will know their obligations. And the implications of each decision they have to make. In most situations, with the right legal advice. Parents can resolve situations. To have a more safe harmonious home.