Divorce Lawyer Edmonton | Protecting Children In The Legal System
The welfare of children is so important says divorce lawyer Edmonton. Because they are often unable to ensure they are protected themselves. And therefore, the law takes this very seriously.
There is an act that governs child welfare in Alberta called the child youth family enhancement act. This act states that any time a child is witnessed to be in need of help, or is in danger.
It is the legal obligation to report those circumstances to the authorities. No matter which agency a person makes a complaint regarding child welfare two. That agency will let child and family services investigate the claim.
Child and family services is a broad term used for any government agency. That is able to handle matters concerning the welfare of children.
Once they have received a complaint, or port that a child is in need, or is in danger. They will have a lot of power to investigate the complaint. And to rectify the situation.
They can create an agreement called a family enhancement agreement. That can help the parents or guardians complete conditions. That are designed to rectify the situation. That put the child in danger in the first place.
However, child and family services may also simply take the matter to court. In order to allow a judge to make the decision on what should happen. That will be in the best interest of the children.
Once the situation is going to court. Child and family services will have one of three applications that they can make says divorce lawyer Edmonton.
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The first application is called a supervision order. Allowing parents or guardians to have custody while completing conditions. To fix the dangerous situation.
The second kind of application that they can make. Is called a temporary guardianship order. That will have another family member or foster care look after the child or children. While the parents or guardians complete their conditions to fix the situation.
In both the supervision order and the temporary guardianship order. They will have a certain amount of time to complete their conditions. In order to close the matter cautions divorce lawyer Edmonton.
If the parents complete conditions. Child and family services have the authority to end the matter, and close the file. Satisfied that the child is no longer in danger.
However, if parents do not meet the conditions of the orders. Or, if child and family services believe that the child is still in danger. They can make another application in the courts. To continue working towards a resolution. That will no longer endanger the child.
Divorce lawyer Edmonton says i is also very important for parents and guardians to understand. That there is a maximum amount of days. That a child can be in care of the court. And that number of maximum days depends on the age of the child.
When this maximum amount of days is reached. Child and family services is required by law to pursue permanent guardianship of the child. Therefore, it is very important that parents complete the conditions of their orders within a timely fashion.
Because caring for children, and ensuring their safety is such a serious issue. Parents who are working with child and family services. Often can benefit from independent legal counsel. To ensure the advice that they are receiving, can help protect their rights.
Divorce Lawyer Edmonton | Protecting Children With Child Welfare Laws
There are many different ways that child and family services can protect children says divorce lawyer Edmonton. However, once a matter is before the court. Parents need to be well aware of their rights. To help ensure they can rectify the situation, and be able to have custody of their children.
The act concerning the welfare of children is called the child youth family and enhancement act. And is a very thorough document. That outlines all of a parents, guardians and child’s right within the province of Alberta.
If child and family services investigates. And decides that there is a child in need of intervention. They can take the situation to court. Where the judge will be able to make the decision on what is in the best interest of the child.
Parents and guardians should be well aware. That if it goes to trial. Not only will child and family services present their evidence. But a parent will also be able to present their evidence. And allow a judge to hear their side of the situation.
However, even if the situation has gone to trial. It is important that parents and guardians are doing their best to clear any conditions that were brought up in any of the applications or orders by child and family services.
The reason why, is because those conditions were put in place. In order to protect a child. And adhering to them, can only help the situation. No matter what the final outcome is.
In fact, divorce lawyer Edmonton says that when parents are going through the court system. Since trial can take months or even a year to get to. Often if they have completed conditions.
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When they present their own evidence. They will present that they have already fixed the situation that caused child and family services to get involved. And often, the judge will rule in their favour.
Because of that, the recommendation from divorce lawyer Edmonton. Will be for parents or guardians to cooperate with child and family services outside of the courtroom. And be as cooperative as possible.
While two of the applications that can be made both simply require parents or guardians to complete a series of conditions. That will rectify the situation that endangered the child.
However, child and family services can also apply for permanent guardianship. Which will strip a parent or guardian of their rights as parents. And is an extremely serious application.
Because of how serious this is, this indicates to the judge by child and family services. That they do not believe the parent or guardian will be able or willing to complete conditions.
However, if they are arguing against a permanent guardianship order. And they have completed the conditions before their trial dates. The judge often will rule in the favour of the parent. By disagreeing that they will not be able to complete conditions because they already have.
By getting independent legal advice, parents can help rectify the situation that caused the child welfare complaint in the first place. So that they can navigate the court system. And ensure that they remain the guardian of their children. And that they fix the situation that them in danger in the first place.