Divorce Lawyer Edmonton | What Is A Custody Agreement
The statute that governs child welfare in Alberta is called the child youth family and enhancement act says divorce lawyer Edmonton. This is a very comprehensive document. That explains all of the different areas of law as it relates to child welfare.
What this document can specify, is any time a person witnesses a child that is in need of intervention. They are actually legally obligated. To report the situation to the authorities.
What a child in need of intervention is. Is a person who sees that there is reasonable or probable grounds to believe that the security, development or the safety of the child is in danger.
While this can apply to children who are lost. Or have been abandoned for example. Or can help people navigate the complex situation, where the parents or guardians pass away.
This can also help navigate the nuances of if the child is in danger of being physically, emotionally or sexually abused. Or if a parent or guardian is unable, or unwilling to protect that child from that abuse.
Because people who believe that a child might be in need of intervention. Are legally obligated to report the situation to the authorities. When this happens, the government agencies that handle child welfare, collectively called the child and family services. Will investigate.
They will have a lot of power to investigate the complaint very thoroughly. Including entering the home and speaking to the child, seeing the living conditions. And speaking directly to the parents or guardians themselves.
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But also, divorce lawyers Edmonton says that they will also be able to speak to siblings, other family members. And speak to people that may be witnesses. Such as neighbours or teachers.
Depending on what they find through their investigation. There are many different things. Child and family services workers are authorized to do. Says divorce lawyer Edmonton .
In cases where they believe the parents or guardians want to cooperate. Including complying with conditions they might be given. Child and family services may draft up an agreement called a custody agreement.
This will outline what they believe needs to be done. In order to remove they danger from the child. And can include conditions such as going to parenting courses. Or going to counselling such as addictions counselling. Or getting counselling for domestic violence as well.
While this agreement is legally binding once signed. Parents or guardians given this agreement. Do not have to sign it, legally.
And the recommendation from divorce lawyer Edmonton would be for parents or guardians who have been handed a custody agreement. To get independent legal advice on the contents of the agreement.
Since the information in the custody agreement will become legally binding upon signing. Parents should ensure if this is actually in their and their child’s best interest to sign.
Because while the child and family services agency is working to do what is best for the child. Many lawyers agree, that the parent or guardian should be involved in the decision of what is in the best interest of the child. And by getting independent legal counsel. They can help ensure that that is the case.
Divorce Lawyer Edmonton | What Is A Custody Agreement In Alberta
A custody agreement as it relates to child welfare is very different than a custody agreement during the divorce says divorce lawyer Edmonton. And as it relates to child welfare, it is an agreement. It specifies conditions that parents must adhere to.
To help take a child away from a dangerous situation. How a parent or guardian could end up with a custody agreement. If there is an investigation done by child and family services.
That finds that there are some deficiencies in the child’s home. Or if the parent or guardian can complete conditions. To help keep the child safe. Parents presented with custody agreements. Are not legally obligated.
To sign them. After obtaining independent legal counsel. They may opt to sign this agreement. And once they complete the conditions. Child and family services can consider the issue complete.
However, there lawyer may make recommendations on amendments or changes to the agreement. And if child and family services agreed to this. Will have the parent or guardian sign, and adhere to the conditions.
However, there is no requirement for a parent or guardian to sign a custody agreement. And if they think that they would be better off taking the matter before a court. And having a judge make the decision.
They can simply decline signing the agreement. Ideally after consulting with independent counsel. And in that case, a trial date will be immediately set.
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Once a trial date is set. Child and family services will file one of three types of applications. These applications can be very similar to the custody agreement says divorce lawyer Edmonton.
Essentially having a list of conditions that they believe must be completed. In order to remove the danger to the child. Once the trial is completed, if the judge rules in favour of Child and family services.
The application must be adhered to. Requiring parents to complete conditions within a specific period of time. So that the dangers can be removed from the child’s life. And then, child and family services can consider the matter closed.
During the trial, both the parent and guardian, as well as child and family services. Will be able to present the evidence they have. On whether they believe the child is in danger. Or not.
And based on this information, the judge will make the decision. On whether to rule in favour of the parent or guardian. Or on the side of the child and child and family services.
With how serious this is, divorce lawyer Edmonton says no parent or guardian should face this situation alone. And by hiring a lawyer. They can at least have legal representation. That can help them understand their rights.
And even parents who are unable to afford a lawyer. Can find many different legal organizations across Alberta. That will help them get the advice they need for free. To allow them to make the decisions as best they can. To help protect themselves and their child.