Divorce Lawyer Edmonton | Understanding Child Welfare Law
The laws and acts protecting children in this province are very detailed and comprehensive says divorce lawyer Edmonton. This is because the province takes the care and welfare of the children very seriously. As they do all of the most vulnerable members of society.
Often, children are unable to protect themselves. Which is why it contains information that obligates people who see child abuse to speak up and report it. While it can be very difficult for many people to speak up.
When they see something that does not involve them says divorce lawyer Edmonton. The way they specify what a child who is an need of intervention looks like. Can help make it very clear, so that abuse or neglect can be reported quickly.
Ultimately, if people see that there is probable or reasonable grounds to believe that a child is in danger either through their safety, security or development. This child is in need of intervention.
And while there are many different government agencies that all handle different aspects of child welfare all throughout the province. These agencies are collectively referred to as child and family services.
Together, they have many different tools that can help them thoroughly investigate every single complaint of children in need of intervention that they get.
This allows the agencies to go into the home of the child, and look around at their living conditions. They can speak to the child themselves, and speak to the child’s parents or guardians.
They can also talk to witnesses, people that can often come into close contact with the child. Such as a teacher, a neighbour, or extended family. Like Anson uncles or grandparents.\
At the end of their very thorough investigation. Child and family services can handle situations in court. Or they can try to settle out of court. If they believe parents or guardians will be able to rectify the situation.
They can draft up an agreement that can be called a family enhancement agreement, a custody agreement, or even a permanent Guardian agreement.
And while these documents will become legally binding once a parent or guardian signs them. They will not be legally obligated to sign. And nobody can force or coerce them into signing this agreement.
This is why divorce lawyer Edmonton suggests that if they receive a family enhancement agreement from child and family services. That they bring it to a lawyer who will be able to give them advice on what the document says before they sign it.
And while this document truly might be in the best interest of the child, by specifying what the parent needs to do in order to protect the child. From getting counselling, to taking parenting courses.
The goal of the legal advice could also be just to ensure that the parent knows exactly what is being asked. And in the timeline that they need to do this before they sign.
Because if they do not clear the conditions before the date specified in the agreement. They can trigger another investigation. Or even a court date according to divorce lawyer Edmonton.
While everybody came towards ensuring a child is protected. A parent is going to be able to best do that, when they can truly understand what is being asked of them after an investigation.
Divorce Lawyer Edmonton | Understanding Child Welfare Law In Alberta
Most government agencies consider the welfare of the children extremely serious says divorce lawyer Edmonton. And the laws that they have governing that usually reflect how serious they feel about protecting children.
In the province of Alberta, the act that governs child welfare is called the child you family and enhancement act. Not only does it specify what child endangerment looks like. But the act can also specify how to handle cases.
Once the cases go to trial. If a child has been found to be in danger and in need of intervention. While the goal of child and family services is often to simply create an environment where the child is no longer in danger.
If they believe that the parents will be unable or unwilling to do so. They can go to trial instead. When they go to trial, the child and family services as well as the parents and Guardian will both present evidence proving their case.
And will have the opportunity to be heard, and ask the judge to rule on the way that they want. If a parent or guardian refuses to sign a family enhancement agreement.
Or if child and family services decides to take it directly to court. They will have one of three applications that they can make in court. There is a provision order, which will specify all of the conditions that parents must adhere to.
All while keeping be custody of their children. The second type of application that they can file. Is a temporary guardianship order. And while there will be conditions that they must adhere to. This is going to require parents following conditions.
While their children are in the care of somebody else. Which may require family members looking after their children. Or having their children in foster care. While they complete the conditions set out in the order says divorce lawyer Edmonton.
And finally, child family services can apply for a permanent guardianship order. Which will remove the parental rights from the parents or guardian. And because this is so serious, it must be decided on by a judge.
Regardless of which application is filed. Divorce lawyer Edmonton recommends that people find legal advice. And while this might be financially out of reach for many parents or guardians.
There are many different legal organizations across Alberta. That can connect people who need help in child welfare cases. The lawyer who can help them understand what the orders say. And give them advice on how to proceed.
Parents need to keep in mind, that the supervision order and temporary guardianship order will have time limits on them. And if they reach a maximum amount of days of their child.
Being in the custody of Child and family services. They will bylaw be acquired to pursue permanent guardianship of the children. This is why, even with supervision orders, that will allow parents to complete conditions.
While remaining in custody of their children. They still need to take the orders very seriously. Because failure to comply, can result in more serious consequences.