Divorce Lawyer Edmonton | Representing Children
While it is typically the parents job to protect children says divorce lawyer Edmonton. In some rare circumstances. The parents are the ones. Putting that child into danger. And they need to be protected from their parents.
In Alberta, there is an entire statute, designed. To protect children in this province. That statute is called, the child youth family and enhancement act. If anyone is interested in finding out.
Exactly what this statute has to say. People can find it online. For free, and read it in its entirety. This statute essentially says. That a child who is in need of intervention.
Is a child who is being hurt. By their parent or guardian, or child. Who is failing to be protected. By their parents or guardian. This includes abuse that is physical, emotional, mental or sexual in nature.
As well as children who may be subjected. To cruel and unusual punishment. As well, the statute includes. Children who are in need of intervention. Because they have been abandoned, run away from home.
Our lost, or their parent or guardian. Has unfortunately died. Also, and they need another guardian. Child and family services step in. Whenever there is a report of a child. Potentially in need of intervention.
And according to the child youth family and enhancement act. Any adult who witnesses. However, a child who is in need of intervention. Or suspects that the child. Is in need of intervention.
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Also, needs to alert the authorities. That may include. But are not limited to the police, RCMP. And directly with the family and services branch. However, there are many different agencies across Alberta.
That deal with child welfare. Different municipalities. However, may call them something different. Such as FCSS, which stands for family and community support services. Collectively, these individual organizations.
Our known as child and family services. Also, they have a large amount of power. To investigate claims. Of a child who is in need of intervention. As well as helping that child, if there investigate finds out.
That yes, that child does need help. Again, this includes writing up an agreement says divorce lawyer Edmonton. That parents can sign, outlining the steps. Also, that they must take to correct the situation.
They also can take parents. To court, and have a judge rule. On what should happen to the parents. And what should happen to the children. And finally, child and family services.
Have the power to remove children. From parents or guardians. Who are significantly abusing the child. Or, if the child and family services worker. Believes that the parents. Will be unable or unwilling.
To stop the abuse. Regardless of the situation. Divorce lawyer Edmonton recommends. That parents in this situation. Get legal, independent advice. So that they are aware of their rights. But also their obligations in this situation.
This area of law. Is taken extremely seriously. Simply because it is designed. Again, to protect the members of society. That have no voice of their own. And need people to help them be heard.
Divorce Lawyer Edmonton | Safeguarding Vulnerable Kids
Children do not always need protection says divorce lawyer Edmonton. But the children who do need help. Will find it in the law. Designed to help them, called the child youth family and enhancement act.
And the government agency that upholds this law. Called the child and family services. These workers are tasked. With investigating all claims. Of a child who is in need of intervention.
Also, and they have extremely broad abilities. To investigate those claims. Such as being able to enter. A person’s home, to look at any evidence. And speak to the parents, the child. And siblings.
Again, they also can interview. Any witnesses, such as friends, other family members. Like grandparents, aunts and uncles. As well as neighbours, and teachers who may be in a position. To know a bit more about the child’s situation.
What results from the child and family services investigation. Can be a number of things. In serious cases. Also, child and family services can actually apply. Again, to remove the child from the parents care.
Additionally, pending a decision by a judge. However, in most cases. Furthermore, the child and family services worker. Will propose an agreement. Of things that should be rectified. In order to keep that child from danger.
However, these agreements can be called custody agreements, family enhancement agreements. Or even a permanent Guardian agreements. And a parent signing this, is completely voluntary.
Meaning they cannot be threatened nor coerced. Into signing this document. However, once they do sign it. It then becomes a legally binding document. That they must adhere to.
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This is why divorce lawyer Edmonton recommends. Again, that any time a parent is supplied. With one of these agreements. They bring it to their lawyer. Who will then read through it. Discuss with them.
It is in their best interest. Or not to sign. And if they do sign it. Ensure that they understand. All of the terms. And when things need to be fixed by. However, in more serious cases.
The child and family services worker. May simply escalate the matter. To a court of law immediately. And that is in their power as well. They can apply with a judge. Again, to remove the child from the parents care.
This is called an apprehension order. And before it can be granted. Both the child and family services worker. And the parent must plead their case before a judge. The judge will decide whether or not.
The parent should have custody. Of their child before the trial. And once the apprehension order. Has been decided upon. The child and family services worker. Has forty-two days. Also, to decide what type.
Of application they want to make in the court system. Additionally, they can decide to make a supervision order. Which has the child staying with the parent. While they make changes. To keep the child out of danger.
A temporary guardianship order. Which puts the child into the care of a family member. Or foster care, while they make those changes. Or, child and family services may simply.
Furthermore, apply to have that parents rights stripped says divorce lawyer Edmonton. And this is only in the case. Of the most significant abuse.