Divorce Lawyer Edmonton | Vital 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.
One of the first things that parents should keep in mind. Is that people are legally obligated. To report any situation. Where they think child might be in danger. Either to the police, RCMP.
Or reported directly to child and family services. This organization has very broad powers. In order to thoroughly investigate any and all claims of child endangerment. From being able to enter the home and look at the entire living space.
To interviewing all necessary parties. Including the child themselves. Parents and guardians, even third parties. Such as relatives, like siblings, aunts and uncles or grandparents. And even others, like neighbours, teachers and babysitters.
They will come into the home, in order to see how the child is living. And how they are interacting with others. And once the investigation is complete, if child and family services determines that a child needs help.
They can either decide to handle it outside of court. Or inside of court, depending on how serious they believe the infractions are. If a parent is being investigated by child and family services.
They should immediately retain a divorce lawyer Edmonton, such as the experts. At the law alliance, because they will need advice. On how to respond to the investigation.
If the child and family services handles matters outside of court. Parents will receive one of three applications. That they will be asked to sign, and it is very important. That before parents sign anything at all.
That they get independent legal advice. Child and family services work for the government. And are not obligated to tell parents what is in their own best interest. Whereas a lawyer will tell the parent what is in their best interest to do.
As well, the divorce lower Edmonton will tell the parent. That they are actually under no legal obligation. To sign any of the agreements. No matter what the child and family services people say according to divorce lawyer Edmonton.
They are not supposed to coerce, threaten or bully a parent or guardian into signing it. However, they are usually there under their own authority. And have no other witnesses, so they often use whatever means they can.
In order to get the parents to sign the document. And keep the matter out of the court system. There are three different applications they can be given. From a family enhancement agreement says divorce lawyer Edmonton.
That is essentially a list of things that they want the parent or guardian to fix. While the child remains in their custody, that will address what is causing the danger to the child. Such as going for counselling, or getting parenting courses.
They can also be given a custody agreement, which will remove the child. From the home temporarily, until the danger is removed. Or a permanent Guardian agreement, that strips the parents of their parental rights and custody, permanently.
Divorce Lawyer Edmonton | Child Welfare Rules To Know
While no parent wants to be investigated by child and family services says divorce lawyer Edmonton. If they are, and the organization has determined. The best course of action is to go to trial, parents are going to need good legal representation.
They may wonder why they should be hiring a divorce lawyer Edmonton. Especially if they are not getting a divorce. But ultimately, divorce lawyers are very well-versed in child welfare law.
They must know the child’s rights, as they go through a divorce. But also, the parental obligations to those children. And while when parents are getting a divorce, the divorce lawyer Edmonton will utilize the family Law act of Alberta.
And child welfare is covered under the child youth family and enhancement act. But, there is a lot of overlap between the two acts. Therefore, divorce lawyers are uniquely suited to handle child and family services cases.
Once child and family services decides to take the matter to court. They will also file what is called an apprehension order. Asking the court to decide to remove the child from the parents custody until the trial date.
There divorce lawyer Edmonton can help them navigate this situation. As they talk to the judge on behalf of the parent. To argue that the child should stay in the parents custody until trial.
This is very significant, because the court system is so backed up. That it may take several months, or years to get to trial. And a parent will not want to lose custody, before it can even be determined. That there was danger in the first place.
Once the apprehension order has been filed. Whether the parents have custody, or they have had custody removed. Child and family services only has forty-two days. To decide what final decision they would like the court to settle on.
They can either request a supervision order. Which is essentially, the parents or guardians will have custody of the child. As a child welfare worker checks in with them. To ensure they are working to remove what is determined to be the danger to the child.
They may request a temporary guardianship order. Which removes the child from the parents custody. Only temporarily, as they go through the same process. Of removing the danger to their child.
And finally, they can request a permanent guardianship order. Which will strip parents of their rights as well as remove the child from their custody permanently. They can only request the judge makes the decision in one of these ways.
And if the judge does not agree with one, then the child will go back to custody of the parent. And the case will be considered close. Going through the trial, requires help from great lawyers.
And anyone who is facing a child welfare trial should hire a great lawyer, such as the ones from the law alliance, located in Edmonton. Parents can get a free one hour consultation. And then, retain a lawyer from there, to get the help that they need.