Divorce Lawyer Edmonton | Urgent Child Welfare Rules
Any parent who is dealing with child and family services should hire a divorce lawyer Edmonton immediately. It may be very scary, especially because they could potentially. Lose custody of their children, permanently or temporarily.
And parents or guardians may wonder why they should be hiring a divorce lawyer Edmonton. But ultimately, divorce lawyers need to be very good. At knowing the laws pertaining to children.
Especially surrounding the rights of the child. And the parental obligations to the children. And while child welfare situations do not involve family Law act of Alberta. There is a lot of overlap between that act.
And the law that deals with child welfare. Which is the child youth family and enhancement act. There are two ways that child and family services can react. If after their investigation, they find that a child is in need of intervention.
They can present in agreement to the parent or guardian. That will outline what they would like them to do in order to rectify the danger. However, a parent can either refuse to sign this document.
It will trigger a trial. Or the child and family services can simply decide to take it directly to court. Usually, if they do not believe that the parent or guardian will be able to. Or willing to rectify the situation on their own.
Typically, when it goes to trial. The first thing that child and family services will do. Is file for an apprehension order. Which will effectively remove the child from the parents custody until the trial.
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No notice will be given to the parents. Before the application is sent in. But after the order is granted. Parents will get to appear before a judge. To plead their case, before the act is carried out.
Once the decision has been made, whether parents have lost custody of their child until the trial. Or they have custody, child and family services only has forty-two days. To decide what type of substantive application they want to make.
Visa sent of application basically means that it is what they are going to ask the court. To do, if they side with the child and family services. And agrees that the child needs intervention and help.
They could request a supervision order. Which means that as the parent rectifies the situation. Someone from child and family services will be checking in with them. To ensure the changes are being made.
The temporary guardianship order says divorce lawyer Edmonton. Will remove the child from the parent or guardian’s custody. While they make these changes, and once the changes are done.
They can regain custody of their children once again. And finally, the child and family services can ask the judge to decide upon. A permanent guardianship order, which essentially strips the parents of their parental rights.
These are some very serious ways that the trial can go. Which is why if any parent is facing an investigation. An agreement, or a trial from child and family services, they should hire a divorce lawyer Edmonton.
Divorce Lawyer Edmonton | Urgent Child Welfare Rules To Know
It is very serious says divorce lawyer Edmonton. If a parent is being investigated by child and family services. If they find that a child is in danger, or needs intervention. There are two different ways that this case can proceed.
Most likely, child and family services are going to present. The parents or guardians with a written agreement. Addressing the concerns, and how to fix them. If a parent has received one of these agreements.
It is very important that they get great legal advice. They should hire a divorce lawyer Edmonton, such as the ones at the Law alliance. Because even though they are not in a divorce situation.
Divorce lawyers are extremely well versed in child welfare laws. Including the child youth family and enhancement act. That directly is related to child welfare issues.
Parents will find from their lawyer, that they are under no legal obligation. To sign any agreement given to them. By child and family services, and while it is supposed to be voluntary to sign.
Parents say they are often coerced, bullied or lied to. About how they must sign these agreements. Which is why having independent legal representation is important. People may think that child and family services are telling them.
Information in their best interest, but that is not the case. Child and family services work for the government. And are not giving parents the advice. On the best way for them to proceed.
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Parents in fact can either sign the agreement. Which may or may not be in their best interest. Or they can propose amendments to the agreement before they sign. And finally, with their divorce lawyer Edmonton approval.
They can simply refuse to sign, which will trigger the situation. Going to trial, and having a judge decide on it. The agreements that parents may be asked to sign can include a family enhancement agreement.
Which is a list of all of the things that child and family services would like the parent or guardian to rectify. And if they do, no further legal action will be taken. Parents will typically have a certain amount of time to finish the things in the agreement.
And may include things such as family counselling, therapy or parenting courses. They even might be requested to take addictions counselling. And it will allow the parents or guardian to maintain custody of their children while this is happening.
There is the custody agreement, which will take the custody. Away from the parent until they make the changes needed. And finally, they might be given a permanent Guardian agreement. Which strips the parents of their parental rights and custody of the children.
Because of how serious these agreements can be. Parents should always get independent legal advice, from a lawyer that they can trust. Such as the expert divorce lawyer Edmonton at the Law alliance, located in Edmonton.
By getting legal advice, they will be able to act in their best interest. To remove the danger from the child, and without having to sign legal documents.