Divorce Lawyer Edmonton | What Is A Permanent Guardianship Order
Ultimately, if another person has witnessed a child in need of intervention says divorce lawyer Edmonton. They are legally obligated to the situation to a government agency. This is according to the law or act, that governs child welfare in Alberta.
This statute or act is called the child youth family and enhancement act. It is a very comprehensive document. That specifies how children in this province can be protected. While the child family services is an umbrella term.
For all of the various government agencies. That can handle matters relating to child welfare. Depending on the part of the province people live in. Such as urban or rural. Or if the children are indigenous, Inuit or Métis.
This may be handled by a different government agency specifically. However, whatever government agency is handling this particular issue at the time says divorce lawyer Edmonton. They all will have fairly broad powers.
To investigate the complaint. Not only will they be allowed into the guardians home, but they will also be allowed to interview any people they feel are relevant to the investigation. Including the parents or guardians, the child themselves.
Siblings and other family members. As well as neighbours, teachers or any other people that might be important to talk to. After they have completed the investigation. They also have quite a bit of power on how they can rectify the situation.
Allowing the parents to sign into agreements that can specify how to take the child out of danger through a series of conditions. Or, if they think the child is in enough danger. That they do not believe the parents or guardians.
Can or will be willing to complete conditions. They can apply for something through the courts called apprehension order. What an apprehension order is the ability to remove children from the home. In order to protect the child.
However, forty-two days within the apprehension. The child and family services must make an application on what they want the outcome of the situation to be.
With the most serious cases, if they have already applied for apprehension. They might apply for what is called a permanent guardianship order.
What this is according to divorce lawyer Edmonton. Is stripping the guardians or parents of their parental rights. This means that the child and family services organization. Does not believe that they can or will meet conditions.
To remove the child from harm’s way. If they have made this application, the judge must rule if they agree. That the permanent guardianship order should be upheld. Or if they should rule in favour of the parents.
And in that case nothing will happen. This is one of the most serious orders that can be filed. And in some cases, some parents or guardians can maintain some access such as supervised visitation.
However, if parents or guardians are facing this type of application. Divorce lawyer Edmonton recommends that they get a second legal opinion. And find a lawyer who can represent them. So that they can have the best possible outcome for themselves, and for their children.
Divorce Lawyer Edmonton | What Is A Permanent Guardianship Order In Alberta
When parents or guardians have a pending investigation from child welfare Alberta says divorce lawyer Edmonton. Their recommendation is to simply find a lawyer that can represent them.
The reason why, is because whether they are going to ask the parents to sign a family enhancement agreement. Or even if they simply want to take the situation to court.
Independent legal advice. Will be there to represent the parent, and the parents interests. While the child and family services worker. Is there to do what they believe is in the best interest of the child.
However, many lawyers believe that a stranger to the parent and child. Will not be able to make a the best decisions on what is best for the child.
And that the parents should be involved. In helping figure out what is in the best interest of the child. Which is why independent legal counsel is usually recommended.
In most situations, child and family services will take recommendations. That can help parents meets the conditions. That will help remove their child from being at risk.
And that is ultimately the goal, to do whatever is necessary to help protect the child. However, in many instances of significant danger.
Or if the child and family services worker believes that the parents or guardians will not make the effort to meet the conditions.
They may simply skip creating a family enhancement agreement. And go straight to court, where they might apply for a permanent guardianship order. These orders are legally binding, and permanent.
And what the permanent guardianship order does, is completely strip a parent or guardian of their parental rights. This could be in situations where child family services may have to come back several times.
Or if the child is in serious harm from physical injury, sexual abuse, and if the parent or guardian is perpetuating that abuse themselves. Or are unwilling to remove the child from that situation.
With how serious this is, divorce lawyer Edmonton recommends parents get independent legal counsel. So that they can have the best chance at representation that is in their best interest.
With this application, the child and family services organization will request having custody of the child up to and during the trial. Which can be several months or a year in advance.
During the trial, child and family services will present their evidence. However, the parent or guardian will be able to present theirs as well. And ultimately, the judge will decide based on that evidence.
What they believe is going to be in the best interest of their child. If the permanent guardianship order is upheld in court. It will take place immediately, with the parental rights ending that day.
However, leading up to the trial. As difficult as it may be. Divorce lawyer Edmonton recommends that the parents try to adhere to any recommendations that the child and family services has made prior to that date.
Because as much as they cooperate, and proved the judge that they are trying. Can help them plead their case. That may result in the judge ruling in the favour of the parent.