Divorce Lawyer Edmonton | Serious Child Welfare Rules
Any parents who are facing action from child and family services should hire a divorce lawyer Edmonton. Because the legal advice will help them understand. Not only the legal ramifications of the situation. How to proceed through the court system.
The first thing that divorce lawyer Edmonton wants parents to know, is that just because. They are being investigated, does not mean there is anything wrong. Or that they have done something badly.
Child and family services are actually legally obligated to investigate. By their broadest powers, any time they receive a complaint. Or a report that somebody suspects. That a child is in need of intervention.
In fact, parents and guardians should take comfort in the fact. That the law requires. Any citizen who has reason to believe. That a child is in danger. Is legally obligated to report the situation to the police, RCMP.
Or reported directly to child and family services. In order for them to investigate. This does not mean that the parents have in fact done something wrong. And that is what the investigation is going to uncover.
Child and family services will be able to enter the home, and look in all of the rooms. In order to determine if abuse is potentially happening there. They can also talk directly to the child, to the parents and guardians.
As well as all pertinent third parties. Like the child’s siblings, relatives like aunts, uncles and grandparents. As well as outsiders, such as teachers, AB sitters or neighbours.
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If after their very thorough investigation, child and family services determines. That the child does not need intervention. Because they are not in danger, they will simply file the report and go away.
However, these laws are in place. Because some children are in danger and need help. These laws are designed to protect the children that need it says divorce lawyer Edmonton.
And a child who needs help can look like many different things. For example, a child who has simply become lost. Is a child who needs help according to the child youth family and enhancement act.
However, it can also cover a child who has been temporarily. Or permanently abandoned by a parent or guardian. As well as a child whose parent or guardian has passed away. And they do not have another immediate parent or guardian to care for them.
And finally, a child might be in need of intervention. If they are being subjected to sexual, physical, or emotional abuse. From the parent or guardian, or their parent or guardian may not be stopping that type of abuse from happening.
It also covers cruel and unusual punishment, either by the parent or guardian. Or that the parent or guardian is not stopping for any reason. While it may be very stressful admits divorce lawyer Edmonton.
To be investigated by child and family services. Without this important service, any children who need help. Will not get the help that they need, and will continue to suffer. Any parent who is under investigation should get the legal advice they need from the law alliance, located in Edmonton.
Divorce Lawyer Edmonton | Serious Child Welfare Rules To Know
There are two scenarios according to divorce lawyer Edmonton. About how a child welfare complaint is going to be resolved. If after child and family services investigates, and they determine that children need help.
They will either give the parents or guardians an agreement that they can sign. That will essentially detail how the parent will make the changes they need. To eliminate the danger from their child’s life.
There are three such agreements, such as the custody agreement. Which removes the child from their custody. Until those changes have been made. A family enhancement agreement, which is simply a list.
Of all of the changes that child and family services requires. In order to remove the danger from the child’s life. And usually contains things like parenting courses, addictions counselling, and therapy.
And finally, they can give the parents or guardians a permanent Guardian agreement. Which essentially removes the parental rights from the parents or guardians. However, divorce lawyers say these agreements are not required by law to sign.
And once they are signed, the contents become legally binding. If parents have received one of these agreements. It can get help from divorce lawyer Edmonton at the Law alliance in Edmonton.
In fact, lawyers across Alberta will provide free legal advice. To any parents who have been given one of these agreements by child and family services. It is important that they know the contents of the agreement.
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But it is obligating them to do. And the long-term ramifications. They will also be told that they are not under any legal obligation to sign it. And if they do not sign, then the case will go to court.
While it may take a year or more for the trial to take place. Divorce lawyer Edmonton usually recommends to their clients. That they start to carry out the actions outlined in the agreements.
Therefore, by the time the trial date happens. Ideally, the parent will have made all of the necessary changes that child and family services requested. Removing the need to have a trial in the first place.
However, if the trial is still going to happen. People are going to need a great divorce lawyer Edmonton in order to argue the case in front of a judge. Typically, if it goes to trial, the child and family services will file a motion.
Two remove the children from the parents or guardians custody. This is called an apprehension order. After which the child and family services only has forty-two days. To figure out what kind of action they want the court to take.
A supervision order, which simply ensures. The parents can have custody of the children. While they make the changes needed to rectify the danger. A temporary guardianship order.
Which will move the children from the parents custody. Until they have fixed the situation. Or, a permanent guardianship order. Which strips parents of their parental rights. As this is a very serious situation, parents are facing a trial. Should contact the Law alliance to get the advice, and help they need to navigate the court system. And ensure that they do not lose their children.