Divorce Lawyer Edmonton | Important Child Welfare Laws
Laws in Alberta are designed to protect children says divorce lawyer Edmonton. Which is why if anyone sees a child. Who might need help, they are legally obligated to report it.
They can reported to the police, and RCMP detachment. Or they can reported directly to any branch of child and family services. Once child and family services gets a complaint, they are also legally obligated to investigate it.
To their best capabilities, involving entering into home. Looking at the living area, and bedroom of the child. Interviewing parents and guardians. As well as talking to the child themselves, in privates.
And interviewing any pertinent third parties. Like siblings, neighbours and teachers for example. They often will come unannounced, in order to see what the scenario is. When parents do not realize that someone is coming.
And if the investigation determines. That child is in danger and needs help. Child and family services have many options on what they can do. To rectify the situation with the parents and guardians.
The most common way, is for them to present the parents or guardians. With an agreement, on how to address the concerns going forward. However, while this is often a quick and easy way to deal with the problems.
Before parents or guardians sign anything, they should get independent legal advice. From a divorce lawyer Edmonton, because of how well versed they are in child welfare laws in the province of Alberta.
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They will read over the agreement, and let the parent or guardian know. In layman’s terms, what the agreement is stating. The long-term ramifications if they sign. And if they believe it is in the parents best interest to sign.
Out of the three agreements that they can give parents, there is the family enhancement agreement. Which often is a list of the different programs that they request parents go through. In order to make the home happier and safer.
They may request that they get family counselling, individual therapy. Take parenting courses, or even get addictions counselling. It could require that the parent cleans the home, or removes some physical danger.
However, divorce lawyer Edmonton says in these agreements, children will remain in the parents custody. While they are making their changes. Often, there is a timeline outlined in the agreement.
And a penalty of what will happen. If the parent does not complete all requirements. Within a certain timeframe. A second agreements that they might be given, is called a custody agreement.
Where the child is removed from the home. Until these types of changes are made. The third agreement according to divorce lawyers. Is the permanent Guardian agreement, which removes the child from the home permanently.
And strips the parents their rights to the child. Due to the severity of this agreement, a parent should never sign this without the advice of their divorce lawyer Edmonton present. However, parents are under no obligation to sign any of them.
They can either make amendments that they propose to child and family services. Or, they can decline signing any of them, and this situation will played out in court.
Divorce Lawyer Edmonton | Important Child Welfare Laws To Know
No parent wants to find themselves fighting for the custody of their child in court says divorce lawyer Edmonton. However, if a parent has been investigated by child and family services. And has deemed to put a child in danger.
They may be finding that they have to defend themselves in court. That is when they will need to hire a great divorce lawyer in Edmonton. Because divorce lawyers on the whole, need to fully understand child welfare laws.
Not just the family Law act of Alberta. But also the child youth family and enhancement act as well. They will be able to advise the parent or guardian, on what to do. In order to progress through the court system effectively.
For example, when parents go to trial. It is going to take about a year from the time that they know that they are going to be going to court. To the trial date actually taking place. In that time, divorce lawyer Edmonton recommends.
That the parent or guardian starts making all of the changes outlined. By child and family services. The idea, is that by the time the trial date comes around. The judge will see that all changes are made, and they will be forced to drop the case.
Which fixes the situation, and does so in a way. That does not threaten the custody of the child. However, if not all conditions are fixed. By the trial date, the child and family services must choose one of three options.
To ask the judge to decide upon. They can ask the judge to agree to a supervision order. Which essentially allows the parent or guardian. To keep custody of the child, while they make the necessary changes.
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A temporary guardianship order, which removes custody of the child. But only for about 3 to 6 months in length. While the parent makes the necessary changes. To remove the danger from the child.
Or, child and family services may ask the judge to remove custody from the parent permanently, and what is called a permanent guardianship order. This is extremely serious, and to avoid losing custody forever.
Parents and guardians should be contacting a divorce lawyer Edmonton to help navigate the court system.
Typically, child and family services want nothing more. Then for a parent to remove danger to their child. So that the child is happy and safe. They do not want to remove a child from their custody, only as a last resort.
As long as parents are willing to work with the court, with child and family services. And are willing to take direction from a divorce lawyer Edmonton. Usually, the situation can be rectified easily.
Therefore, any parents who are being investigated by child and family services. Who receives an agreement from this organization. Or, who is going to court on a child welfare issue should contact the Law alliance, the talk to their experts today.