Divorce Lawyer Edmonton | Protecting The Welfare Of Children
Divorce lawyer Edmonton says it is very important. For parents and guardians to understand that the government takes child welfare very seriously. There is even an extensive act that governs the laws relating to child welfare.
There are also many different government agencies. Specifically designed to handle child welfare matters. Collectively, these agencies are called child and family services.
This agency has a lot of power. Not only when investigating complaints. Of children who are in danger or in need of intervention. But also to go to court, in order to ensure. The children that they were investigating can be protected.
Whether this means ensuring parents have a order that will help them. Complete conditions that can help protect their children. In the most serious cases. Strip parents or guardians of their parental rights.
So that the child is no longer in the situation that is causing them harm. And while the child youth family and enhancement act refers to a child in need of intervention. This ultimately refers to a child that is in danger.
If people witness a child, and noticed that there is a reasonable or probable grounds to believe that the child’s safety, their security, for the development of that child is in any way, shape or form in danger.
That person is legally obligated to report that situation to the authorities. And if they do not, they could be responsible by law, if harm comes to that child, and they could have done something to prevent it.
However, as hard as it is for many people to get involved in circumstances that do not directly involve them. Divorce lawyer Edmonton says what a child in need of intervention can look like is this.
A child that has been abandoned by their parent or guardian, or is simply lost or has run away. Or, if the child’s parents or guardian has passed away, and they have no one laughed. This act can specify exactly what needs to happen next to protect that child.
The child was in need of intervention. Is either being physically, sexually, or emotionally abused by their parents or guardian. Or, the guardian is unable or unwilling to protect their child from that abuse that they are receiving.
In any of these circumstances, it is required to report the situation to the authorities. And once people understand that this is what a child that is in need of intervention looks like. They can be more empowered to step up and say something, and stop the abuse.
Once a complaint is received by any government agency. The appropriate agency relating to child welfare will be called into action.
And the first step of this process according to divorce lawyer Edmonton. Is to investigate the circumstances. They will have many different tools of their disposal, as well as the authority to investigate the complaint thoroughly.
And once they investigate the complaint, they can either come to the conclusion that the child is not in danger. Or, they can create a document that can help outline exactly what needs to happen in order to protect the child.
Or the child and family services agency can take the issue to court. In order to have a judge rule on the best way to protect that child. Because of how serious Alberta takes protecting the welfare of children in this province.
All complaints about children needing intervention will be thoroughly followed up on. To ensure that all children with the province can be kept safe.
Divorce Lawyer Edmonton | Protecting The Welfare Of Children In Alberta
Children are considered some of the most vulnerable people in a society says divorce lawyer Edmonton. And as such, most governments create laws specifically protecting their most vulnerable.
In Alberta, this act that governs the child welfare in the province is called the child youth family and enhancement act according to divorce lawyer Edmonton.
Not only will it specify what a child in danger looks like, and how people must proceed in order to protect that child. It can also dictate how the court proceedings will occur. If a parent or guardian has been investigated for putting a child in danger.
There are two different ways that parents or guardians can end up going to trial following a child and family services investigation.
If they refused to sign a family enhancement agreement. Which they are under no legal obligation to do so. This will trigger the event going to trial. Where a judge will listen to the evidence of both parties. In order to make a decision on what they think is in the best interest of the child.
Or, if the investigation that the child and family services concludes. Is so serious, that they believe that the child is in immediate danger and needs to be removed from the situation.
They can simply file for an apprehension order says divorce lower Edmonton. In order to get an apprehension order. They must file an application with the court, and convince a judge using evidence. That the child is in danger.
After the child is apprehended. Child and family services will need to file one of three applications with the court. Either a supervision order, a temporary guardianship order or a permanent guardianship order.
However, before the issue will go to the courts. The initial custody of the child must be dealt with. And while child and family services will want to keep the custody of the child in their care. Because of how serious the situation is.
Parents will typically want to custody themselves. And unless they agree to leave custody in the child and family services care. This issue will go to trial first, before the trial regarding the safety of their child happens.
If the initial custody goes to trial. The judge will hear evidence on both sides of the case. And grant custody either to child and family services while waiting to go to trial.
Or, they will allow the child to remain in custody of the parents while waiting trial. And once this is settled, it can be up to several months or even a year or more later. Before the initial matter will see a judge says divorce lawyer Edmonton.
Parents who have been under investigation by child and family services. Can often benefit significantly from seeking out independent legal counsel. Not just so that they can have their own representation in court.
But so that they can understand what is being asked of them, and work with their lawyer on what they believe is going to be in the best interest of their child.