Divorce Lawyer Edmonton | Vital Child Welfare Rules
Protecting children is one of the most important laws according to divorce lawyer Edmonton. And while most people hope that they will never need to call on child welfare services. When they are getting a divorce, this is a common scenario.
Anytime a child is in need of intervention. A person who suspects, or witnesses this. Is actually obligated by law. To contact the police, RCMP. Or directly contact child and family services.
Once child and family services gets a complaint or report. They actually have a legal obligation. To investigate this, at their fullest capabilities. This means they will be interviewing all important people.
Surrounding the complaint, starting with the child. As well as the parents, guardians. And third parties, like siblings, neighbours. Teachers, babysitters and more. Many people may be wondering what a child who is in need of intervention means.
At its very base, child needs intervention. When they are being abused. And abuse can come in many forms. If a child is abandoned or lost. If the parent or guardian has passed away, and there is no other parent or guardian.
If they have been physically abused. Either by the parent or guardian, or if they are unwilling or unable. To protect the child from physical injury or abuse. It also extends to sexual abuse, either by a parent or guardian.
Or by someone else, that parent or guardian is unable or unwilling to stop. It also covers emotional abuse, perpetrated by the parent or guardian. Or if the parent or guardian is unable or unwilling to stop the abuse.
As well as cruel and unusual punishment, either meted out by the parent or guardian. Or that parent or guardian is unable or unwilling to protect the child from this abuse.
When this happens, divorce lawyer Edmonton says child and family services will investigate. And if they find that the child is in danger. And is in need of intervention, they have two options on how to proceed.
The first option, is handle it in court. This is one of the most serious ways. That child and family services can proceed with a case. If this is how they go, parents or guardians will need to hire a divorce lawyer Edmonton.
Because it will go to court, and the first thing that child and family services will do. Is file an apprehension order. Which is asking the court permission to remove the child who is in need of help from the home.
Until the court date is done. Because they will be arguing in front of a judge, their divorce lawyer Edmonton can do this on their behalf. And then, once the apprehension order has been filed, and or granted.
Then it will go to trial, and child a family services will have to decide. What they would like the outcome of the trial to be. For parents to fix the situation. To get the counselling themselves they need, or to remove the child permanently from custody.
Divorce Lawyer Edmonton | Vital Child Welfare Rules To Know
Hiring a divorce lawyer Edmonton is not just for divorce. While they know divorce laws very well, these lawyers also need to know family law extremely well. And that means that they are a great resource of information and help.
If someone is dealing with the complaint with child and family services. This organization is legally obligated to investigate all complaints. Which can include going into the home, and interviewing parents, guardians and other family members.
Such as grandparents, aunts and uncles. And all relevant third parties, like siblings, neighbours and teachers. If they find that a child is in danger, and an intervention needs to happen. They can either take the parents or guardians to court.
Or, more commonly they can prepare an agreement. That they present to the parents or guardians, that will dictate what the parents or guardians can do. In order to rectify the situation at least in the eyes of child and family services.
And remove the child from what is causing the danger. The most important thing to know about these agreements according to divorce lawyer Edmonton. Is that they are completely voluntary to sign.
Which means a parent or guardian cannot be threatened, coerced or forced to sign any of the agreements. And if the parent flat-out refuses to sign it. The only recourse is for child and family services to go through the court system.
It is also very important to note that child and family services works for the government, and not the parent. And while they might seem like they are on a parent’s side, they are not going to give the parent information.
On how to act that will be in their own best interest. Which is why it is very important that if a parent or guardian has been given any of these agreements. They need to consult a divorce lawyer Edmonton.
To find out what the document means, because while they are not mandatory to sign. Once signed, they do become legally binding, and no matter if the parent did not understand it, or did not know what it truly meant.
They will be legally bound to its contents. By contacting a divorce lawyer Edmonton, parents and guardians can figure out what is being said. And they can make the decision to sign it, suggest amendments, or refused to sign altogether.
There are three different agreements that child and family services may present. One is a custody agreement, the second is a family enhancement agreement. And the third, most serious one.
Is the permanent Guardian agreement, removing the child from custody of the parents or guardians permanently. None of these agreements should be entered into lightly. And getting the right legal help can ensure parents and guardians.
Know exactly what the ramifications of signing the order will be. And how they can proceed in the best way. To rectify the situation, protect themselves. And get the child out of the dangerous situation.
If anyone needs help with child and family services. The best place to turn is eLaw alliance, located in Edmonton. Where the experts will meet with you for free one hour consultation.