Divorce Lawyer Edmonton | Temporary Guardianship Orders
If child and family services says divorce lawyer Edmonton. Has investigated a child welfare complaint. They may have made recommendations. To take the issue before a judge.
Or, they may have recommended a family enhancement agreement. That the parent or guardian has rejected. Or refused to sign. Ideally, if a parent or guardian has been presented. With a family enhancement agreement.
They should find independent legal counsel. Who is going to be advocating for the parents interest. And make a recommendation. Whether they should sign this agreement or not.
And regardless of why the reason they did not sign. Will force the issue go before a judge. In order for them to decide what is in the best interest of the child.
Ultimately, within forty-two days of this happening. The child family services will be required. To file an application to the court. For the judge to rule upon.
They have three different applications they can make. The three different orders include a supervision order. Or a temporary guardianship order, a permanent guardianship order.
But the temporary guardianship order. According to divorce lawyer Edmonton. Is an application, that outlines the deficiencies. That the child and family services worker saw. And the recommendations they are making to fix the situation.
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As well as making a series of conditions that must be cleared, in order to address the situation. This is what a judge will be willing on. Either they will rule in the parent or guardian’s favour. And that will allow them to carry on without making any changes.
Or, the judge will rule in favour of child and family services and the child in danger. Which will require the parents or guardians to adhere to what is outlined in the temporary party and ship order.
One of the most significant issues of the temporary guardianship order. Is that the children will not remain. In the parent or guardian’s care will conditions are being met.
Who the child lives with. We will be dependent on several things. Including if there are other family members who are able to take the child. And if not, the child can end up in foster care. For the duration of the temporary guardianship order.
This is very important however that parents and guardians. Take care of the conditions within the temporary guardianship order within the timeframe. Because while most temporary guardianship orders.
Will last anywhere between 3 to 6 months. There is a maximum allowable days a child can remain in Child and family services care says divorce lawyer Edmonton.
And when the child reaches their maximum allowable days. Child and family services will be legally obligated to file a permanent guardianship order. Which will strip a parent or guardian of their parental rights.
Therefore, parents and guardians who have been found guilty. Must adhere to this temporary guardianship order. Should complete the conditions quickly. So that they do not risk another procedure proceedings. That might be very detrimental to them.
Divorce Lawyer Edmonton | What Are Temporary Guardianship Orders In Alberta
Ultimately, the role of Child and family services says divorce lawyer Edmonton. Is to uphold the child welfare law in Alberta. And the act that governs this area of law in Alberta. Is called the child youth family and enhancement act.
The goal will be to ensure that children that are in need of intervention. Can get the help they need to take them out of danger quickly. And then fix any problems that might keep them in danger. Once they go back to their parent or guardian.
While the child and family services workers will have extremely broad powers to investigate child endangerment. They also have a lot of power on how they recommend this situation can get resolved.
While the first things that they will do is recommend agreements. These may be called family enhancement agreements. That can help parents remove the issues. That are putting their children are danger or at risk.
However, that may not be the best thing for helping a child. And a child and family services agency may consider going to court instead. Where a judge rule on what is most beneficial to the child.
Once the issue is going to trial, child and family services. Can make one of three applications the court. Now you outline what will happen. If the parent is found guilty, and needs to fix the situation.
One of those occasions is the temporary guardianship order. Which way outlying conditionals that a parent or guardian must leads. In order to take the child out of danger. And to protect them.
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This can outline conditions such as having to get parenting courses, get psychological counselling, addictions counselling and even domestic violence counselling.
It can even require parents or guardians get various assessments done. For example parenting neurological or psychological assessments.
With a temporary guardianship order. The children will not remain in the care of the parents or guardians. While they are meeting conditions. It is very similar to a supervision order.
However the supervision order will allow parents and guardians. To have custody of their children says divorce lawyer Edmonton. Also, as parents have completed the conditions. Child and family services can reassess the situation.
In either consider the situation over. Or, make new recommendations under a new order. Either a supervision order, or a temporary guardianship order. That will create more conditions that must be met.
Ultimately, the goal is to protect the child. And to ensure that they are no longer in need of intervention. And so they will continue doing this. Until all risks to the child are moved.
However, once a child reaches twelve years of age older. Divorce lawyer Edmonton says their own opinion matters in court as well. And they will often be assigned their own lawyer.
So there will be the parent or guardian and their lawyer, the child and their lawyer. And altogether, the parent, child and child and family services. Will ensure that the situation is rectified. Until the child is no longer at risk.