Divorce Lawyer Edmonton | Important Child Welfare Rules
Even though things can get quite nasty when people divorce according to divorce lawyer Edmonton. If one parent truly believes that their child is in danger. When they spend time at the other parent’s house.
They are actually required by law to report the situation. Either to the police, the RCMP. Directly to child and family services. Once they receive a complaint from any source. Child and family services are obligated to investigate.
And they have extremely broad and sweeping powers. In order to investigate the complaint. To the full stack extent of their capabilities. It can enter into homes, in order to view the living space, and bedroom of the child.
They can interview parents and guardians. As well as the child themselves, and any third parties. Such as siblings, relatives like ants, uncles or grandparents. Neighbours, babysitters and even teachers.
After their very thorough investigation, if child and family services finds. That the child is in need of intervention. They can handle this in two different ways. The first is to simply go to court, in order to let a judge decide.
If this is the route that they are going to take. They will usually file an apprehension order. To remove the child from the custody of the parents or guardian. Until the court date, in order to remove the child from the danger.
The parents have an opportunity to meet the judge. And plead their case on whether they should have custody of the child. Until the hearing regarding the child endangerment charge.
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If they are going to immediately go to court. Parents or guardians should contact their divorce lawyer Edmonton right away. In order to help them prepare for court. They will also help them prepare to address any situations.
That child and family services may have found fault with. So that they can fix the danger, so that if it gets to court. And there is no longer a danger, child and family services will be more likely. To drop the charge entirely, and go away quietly.
However, in most cases, child and family services. Will want to correct the situation without going to court. Since the court system is always clogged up. With so many cases. They will want to handle is, without a judge if they can.
Divorce lawyer Edmonton says they will prepare one of three agreements. One is a custody agreement. Another is a family enhancement agreement. The third, is called a permanent Guardian agreement.
Before a parent signs these, they should always get independent legal opinion. By calling their divorce lawyer Edmonton, in order to help them understand. What these agreements are saying. Because while they are completely voluntary to sign.
Once signed, they become permanently and legally binding. By getting the legal help they need, parents will be able to stay in control. Of the situation, correct what child and family services says is the problem.
Remain in custody of their children. And be able to move on with their life, with their child safe. If people would like help, they can contact the Law alliance in Edmonton today. For a free one hour consultation.
Divorce Lawyer Edmonton | Important Child Welfare Rules To Know
With or without the help of a divorce lawyer Edmonton, parents may be required. To address concerns from child and family services. This often happens during a particularly nasty divorce.
Where one parent will claim that the other parent. Is abusing, or at least causing the child. To be in danger, while the child is in the custody of the other parent. Unfortunately, this is very common.
And for every complaint that child and family services receives. Either from the general public, or from the police or RCMP. They are legally obligated to investigated to their fullest capability.
If they find that there is a child who is in need of intervention. They have two separate ways that they can handle it. The first, is to handle the situation in court. And if this is the way they are going to proceed, they will also file something.
Called an apprehension order. Divorce lawyer Edmonton says this order will allow child and family services. To remove a child from parents custody. In order to have hearing about the child endangerment charge.
Parents will have the opportunity. To plead their case in front of the judge. And argue why they should have custody. Until the trial begins. If child and family services succeeds in taking temporary custody of the child.
They have a certain number of days after they apprehend the child. To figure out what kind of substantive application they are going to make. They can make one of three different applications.
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Divorce lawyer Edmonton says the child and family services has forty-two days to decide which substantive application they will make. They can either file for a supervision order.
A temporary guardianship order, or permanent guardianship order. This supervision order and temporary guardianship order. Can vary in length, usually between three and six months.
And usually come with a series of conditions that child and family services expects the parents to fix. In order to regain custody of the children. They may be required to take parenting courses. Go to psychological counselling, or take addictions therapy.
However, the permanent guardianship order will permanently remove. The child from the parents guardianship permanently. And is one of the reasons why parents need to take any involvement of child family services seriously.
However, child and family services may handle things outside of court. Which is usually what they try to do first. By giving the parent one of three agreements that they can sign, and then adhere to.
However, people who receive a written agreement from child and family services. Should consult their divorce lawyer Edmonton before signing anything. It is completely voluntary to sign these documents.
But once signed, the become legally binding. And parents should fully understand what is the content of these agreements. And what the ramifications are once signed. If parents have any more questions, they can contact eLaw alliance. In order to set up a free, one hour consultation.