Divorce Lawyer Edmonton | Knowing Child Welfare Laws
The laws in Alberta takes child welfare very seriously says divorce lawyer Edmonton. And as a result, there are robust laws. Protecting the welfare of the children. The significant laws are contained in an act or statute.
Called the child youth family and enhancement act. This outlines all of the ways. That children can and should be protected. And all of the different things that they should be protected from.
Whenever a child is reported. To be suspected to be in danger. Or, if someone knows that a child. Is actually in danger, the many different agencies. Across Alberta that deal with child welfare.
Collectively known as child and family services are legally obligated. To investigate the claims to their fullest capabilities. And they have significant power in order to do so. They can enter into a home. Look at the living situation.
Check to see if the children have enough food. And if there are all the requirements of keeping a child safe. But also, divorce lawyer Edmonton says. They can actually speak directly to the children. As well as the parents and guardians.
Even other witnesses, that might have special insight. Into the situation, or the child. These people might include neighbours, family friends. Other family members, such as grandparents, aunts and uncles or cousins.
And might include teachers, and babysitters as well. Once child and family services have completely investigated. Depending on what they find. They have two options. On how they are going to proceed.
If the causes. Of the child endangerment. Are rather mild. Or, if the child and family services workers. Get a sense that the parents. Want to do their best. And correct the situation, they have the option.
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Presenting a family enhancement agreement. That outlines all of the ways. They would like the parents to make changes. In order to resolve the situations. That are putting the children in danger.
These things can include requiring the parents take. A parenting course, getting help for their issues. Such as addiction, or getting help for their domestic violence situation. That they might be in, that is causing them problems.
Or, they might even require. The parent or guardian to go through an assessment. Assessing their parenting, or their neurological condition. Just to name a few things.
And while these agreements become legally binding once signed. Divorce lawyer Edmonton says the parent or guardian. Is actually in no position. To have to sign this agreement. They can even take the agreement.
And in addition, get independent legal counsel. Which is clearly what is most highly recommended. If they sign it, they will become legally obligated. To the terms within it. However, they can also suggest edits.
Or refused to sign is altogether. If they refuse to sign it. Then it automatically triggers a court date. Where child and family services. And the parents, or guardians of the child. And particularly argue their case in front of the judge.
Regardless, any parents or guardians. Who have undoubtedly been in this situation. Should get independent legal advice. So that they completely understand their options. And move forward in the best way.
Divorce Lawyer Edmonton | Welfare Knowledge
It can be very stressful agrees divorce lawyer Edmonton. To be investigated by child and family services. However, parents and guardians should take comfort. And knowing that there are agencies.
Throughout the province of Alberta. Designed to protect our most vulnerable. Segment of society, our children. They often have no power of their own. And have no voice, and need protection.
If someone has been investigated. By child and family services, and their child. Is considered to be in need of intervention. They may have been given the option. To sign an agreement, that may have many different names.
Such as a permanent Guardian agreement, a custody agreement. Or a family enhancement agreement. These are documents that child and family services use. In order to help resolve a situation. Outside of court.
That can outline the ways. That the parents can make changes. And comply with this government agency. In order to resolve the cause. That is putting the child in danger, or at risk.
However, if the danger is undoubtedly significant enough. Or if the parent refuses to sign this. Then the situation obviously will end up in a court of law. Both sides, the parents or guardians. And the child and family services.
Will be able to argue their case in front of the judge. The child and family services will present. All of the information from their investigation. And the parents, can bring any evidence they have.
However, if child and family services believe. That the children are in significant enough danger. That they need to be outside of the situation. Leading up to the court date. Child and family services will file.
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For something called an apprehension order. This must clearly be applied for in court, and granted by a judge. While no notice will go. To the parents or guardians of the child. Before the apprehension order is applied for.
If the judge grants the apprehension order. Once it is applied for. The judge will absolutely need to hear. From both child and family services. In addition to the parents or guardians of the child. Before they decide.
Whether to grant apprehension order or not. If the judge does grant the order. The child or children. Will stay either with another family member. Or they will stay with foster care until the trial.
The apprehension order is filed says divorce lawyer Edmonton. The child and family services have forty-two days. In order to file a substantial application. Which refers to the way they are going to ask a judge to rule.
They can either ask for a supervision order. Where the parents will keep the custody of the children. While they make necessary changes. Or a temporary guardianship order. Which has the children.
Additionally in temporary custody elsewhere. While the parents obviously make the necessary changes. These two agreements will without a doubt. Last between 3 to 6 months. In conclusion, can definitely help parents. To therefore, organize themselves to resolving the situation says divorce lawyer Edmonton.