Divorce Lawyer Edmonton | How To Protect Children
Most of the time, divorce lawyer Edmonton says. That children do not need protection. Especially not from their parents or guardians. However, in the rare circumstances. Where that is not the case.
The governing body, called the child and family services. Is responsible for not only. Investigating claims of child endangerment. Referred to by law. As child in need of intervention.
While not all municipalities. Have a branch called the child and family services. There are many different organizations. Called many different things. Across Alberta, in different municipalities. That function collectively.
As child and family services. The law that they uphold, is called the child youth family and enhancement act. This act is designed. To protect our most vulnerable members. Of society, our children. Children are often considered.
Two young to be able to avoid. Danger that comes in the form. Of their parent or guardian, or if they find themselves. In situations, such as being separated from their parents. In situations where they may have become lost for example.
However, divorce lawyer Edmonton says for the most part. The child youth family and enhancement act is designed. To protect children from physical, emotional or sexual abuse.
From their parents or guardians. Or, from another abuser. That their parent or guardian is unable. Or, for some reason is unwilling. To stop the abuse. According to the child youth family and enhancement act.
Different actions are taken. Pending on the age of the child. For example, child and family services will take more drastic action. Of removing the child from the home for example if the child is under six years of age.
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And when the child is twelve years of age or older. Their opinions, and testimony. Counts for significantly more. And in cases. Where child and family services take the parents or guardians.
To court, the twelve-year-old child. Will not only have their own court appointed lawyer. But they are testimony. And their eyewitness accounts. Will be counted for significantly more.
Because their age, allows them to have. More thoughtful opinions about the abuse. That they have been subjected to. In fact, before child and family services. Can take a twelve-year-old child from the parents.
Not only will that twelve-year-old child. Be given notice of an apprehension order. A judge will consider that child’s opinion. Before granting the apprehension order or not.
Divorce lawyer Edmonton says nobody wants. Their child to testify against them. In a apprehension order hearing. However, these laws exist. Because they are needed. The apprehension order is not permanent.
It simply outlines where the children will stay. While the court case is happening. And while waiting for the court case to occur. However, child and family services also.
Must make a substantive application. On whether or not they think the parents will remove. The dangers that their children are in. And where the children should stay. While they are rectifying the situation.
If anyone has any questions. About child and family services. And about the child youth family and enhancement act. They can always, and should always. Set up a consultation with a lawyer.
Divorce Lawyer Edmonton | Safeguarding Children
One of the most important cases, according to divorce lawyer Edmonton. Is a child welfare case. Whether child and family services are involved. To help remove the danger.
Or, if they need to take. A parent or guardian to court. In order to have that danger. Removed from their child, or their children. Child and family services actually have very broad, sweeping powers.
Whether it is investigating a claim. Trying to encourage the parents. To make changes to eliminate. The danger that their child is in. Or, when they are taking a parent to court. In order to change the child’s situation.
After child and family services investigates. Lawyers say that the investigator can either decide. To go through the court system. To rectify the situation. Or handle the situation outside of court.
Furthermore, if they handle it outside of court. Child and family services will propose a written agreement. With the parents, or the guardians. Outlining how child and family services wish. The parents can address the concerns.
Additionally, these agreements are voluntary to sign. That means a parent or guardian must not. Be forced, or coerced into signing them. They can include things like. Requiring the parent to go to addictions counselling.
Finally, take a parenting course, or get help for the domestic abuse. That they are currently being subjected to. Also, they might be required to undergo a specific assessment. Such as a psychological or neurological assessment.
This order may be called something like a family enhancement agreement. A custody agreement, or a permanent Guardian agreement. Regardless of what it is called, or its contents.
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Also, divorce lawyer Edmonton says any parent. Should get independent legal advice. Before signing anything. It may not be in the parents best interest. Or the parents may not even fully comprehend.
However, their rights or obligations. And understanding those first. Is important before signing a legal document. The parent has a right to refuse to sign. To propose changes, or to sign the document as is.
If they sign it, divorce lawyer Edmonton says they must adhere. To the terms of the agreement. Such as making certain changes. By a certain point in time. If they refused to sign it completely.
Again, a court date will immediately be set. And the child and family services worker. Will have forty-two days. To decide if they want to file something called an apprehension order. This is an application that specifies.
Where the children will stay. While waiting for the court date to happen. If they file this, divorce lawyer Edmonton says. The parent and the child and family services worker. While both testify in court.
Also, and the ultimate decision will come down. To the judge, to make a decision. Where the child should stay. While waiting for the court date to happen. This could be at a relative, or in foster care.