Divorce Lawyer Edmonton | Meaningful Child Welfare Laws
Nothing is more important than child welfare according to divorce lawyer Edmonton. And there are many laws devoted to this, namely the family Law act of Alberta. And the child youth family and enhancement act.
It is in fact part of the law, that says any person. Who believes that a child’s safety, security or development. Is endangered in any way. They are legally obligated to report that. Either to the police, the RCMP.
Or, one of the many various agencies dealing with child welfare across Alberta. That combined, are collectively known as the child and family services department.
In fact, the child youth family and enhancement act has many different descriptions. Of a child who is in need of intervention. In addition to the very broad description, of if anyone believes. That the child is in danger or in any way.
Some specific ways that the law defines a child that is in need of intervention. Is if they have run away from home, have become lost. Or has been abandoned by it parent or guardian, permanently or temporarily.
If their parent or guardian has died, and there is no other parent or guardian. To take custody of the child, they will need help. And finally, if the child is being subjected to physical, sexual or emotional abuse.
Either at the hands of their parent or guardian. Or that their parent or guardian is unable, or unwilling to stop the abuse from happening. Which includes cruel and unusual punishment as well.
When child and family services, the RCMP or the police. It receives a complaint or report. Of a child that they believe needs help. They are legally obligated. To follow that complaint to their best of the abilities.
And they have significant authority, and broad sweeping powers. To investigate the complaint. They can enter into child’s home. Talk to their parents and guardians. As well as to the child themselves, privately.
They also can talk to other important third parties. Such as teachers, neighbours and other family members. Including the child’s siblings, grandparents and aunts and uncles according to divorce lawyer Edmonton.
If they find that a child is in need of help. They have two different methods that they can utilize. To correct the situation. Either go to court, and allow a judge. To decide the fate of the child and parent.
However, more often they first try a written agreement. That outlines what changes they would like the parent or guardian to make. In order to remove the danger from the child, and restore balance to the home.
However, parents and guardians are under no legal obligation according to divorce lawyer Edmonton. To sign any agreement. No matter how much child and family services may tell them they have to.
Try to coerce them, or bully them into signing. In fact, that is the best time to hire a divorce lawyer Edmonton. To figure out the best way to move forward. Contact the Law alliance today for your free consultation.
Divorce Lawyer Edmonton | Meaningful Child Welfare Laws To Know
No parent wants to go to court with a child welfare case says divorce lawyer Edmonton. However, this is often the case. If they refused to sign a written agreement from child and family services.
The reason why a parent may decide to avoid signing this agreement. Is because once it is signed, it becomes legally binding. And some of the ramifications. They be very bad for the parent, if they miss a deadline.
By the day or two. Therefore, rather than sign an agreement that legally binds them. To have to act within a certain amount of time, often their divorce lawyer in Edmonton will recommend.
Trying their luck in court, where a judge will decide. On what the parent or guardian should do. That way, they can keep access of their child. And make their way through the court system.
While fixing the deficiencies. According to the written agreement that they received from child and family services. That way, by the time the trial is up in about a year.
The judge may in fact through the case out. Because all of the requirements have been met. Satisfying the child and family services. And not wanting to take up any more of the courts valuable time.
However, divorce lawyer Edmonton says if they want to try their hand in court. Depending on how significant the agreement is that they were given by child and family services.
They may file an apprehension order. Which is requesting custody of the children. In advance of the trial, this is granted in court, by a judge. However, by getting divorce lawyer Edmonton to help them plead their case in front of the judge
As well as being able to appeal the decision, parents are often able to keep their child, especially if the way that their child was endangered. Is not significant, and not likely to be ongoing.
Once the application has been filed to appear in court. The child and family services is not obligated. To choose which type of court order. They are asking the judge to rule on.
It will either be a supervision order. Where a parent can keep custody of their child. While they ache the necessary changes. To remove the danger, or a temporary guardianship order.
Where the parent will lose custody of their child. Until they fix all of the deficiencies. And finally, the child and family services can apply for a permanent guardianship order.
Which will effectively terminate the parental rights that a parent or guardian has. Stripping custody, so that they will not see their child again. This is only done, if the child welfare laws indicate.
That the child is extremely abuse or in a lot of danger. And that the danger is not likely to be resolved. If they stay with the current parent or guardian that they have.
However, regardless of the severity of the situation. Anyone dealing with child and family services. Should retain a divorce lawyer Edmonton, such as the experts. At the law alliance, located in downtown Edmonton today for their free consultation.