Divorce Lawyer Edmonton | What is a Supervision Order
There are many different things that the child and family services agency can do says divorce lawyer Edmonton. While they are investigating a complaint of child endangerment.
Any adult who witnesses a child in need of intervention. Is obligated by law to report the situation to a child and family services agency. Or any government agency. Who will pass the complaint along to the right department.
However, divorce lawyer Edmonton says many people may not know what a child in need of intervention looks like. Ultimately, if there is reasonable or probable grounds that a person believes that the safety, the development, or the security of the child is endangered.
This is considered a child in need of intervention. And can include if a child is abandoned or lost, or if their guardian or parent has passed away. Or if they are being physically, emotionally, or sexually abused. Either by the parent or guardian.
Or if the parent or guardian is unable or unwilling to protect that child from said abuse. Ultimately, child and family services goal is to correct the problems that are putting that child in danger. So that they can live a normal and healthy life.
This is typically why they will first create an agreement. That can outline the deficiencies that they have seen in their investigation. That require parents or guardians to fix. In order to resolve the situation.
Unfortunately these agreements do not always work. Either because parents are unwilling or unable to complete the conditions. Or they refused to sign the document. Which will force the case to a trial.
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If it goes to trial, child and family services can make one of three applications. To the court, in order to protect the child. The first and least serious step is the supervision order. This order will be the same thing essentially as a family enhancement agreement.
Outlining the deficiencies that they saw putting the child in danger. And the steps a parent or guardian can take to fix it. The supervision order will typically have a deadline on it. And all that the conditions must be addressed by the date on the order.
One of the most important things that parents or guardians should keep in mind about the supervision order. Is that they will be allowed to have custody of their child or children. While they are clearing conditions set out in the order.
Therefore, if a parent refuses to sign an agreement, and wants to have a judge rule on the matter. This is what the child and family services will be asking to take place, if the parent is found guilty.
Because the issue has gone to trial. Parents will get to present their own evidence. As well child and family services be able to do as well. And once both sides have presented their evidence.
The judge is ultimately going to make a decision, based on what is in the best interest of the child. While having an investigation by child and family services can be very nerve-racking.
By getting legal representation. Divorce lawyer Edmonton says families can benefit, by making things better and safer for their children.
Divorce Lawyer Edmonton | What is a Supervision Order In Alberta
The governing body related to child welfare in Alberta says divorce lawyer Edmonton. Is referred to as the child and family services. It is merely an umbrella term for a wide variety of government agencies.
That all handle various matters concerning the welfare of children. They are tasked with keeping children safe. And must investigate all complaints and claims that a child is in need of intervention.
In this case, if a child is being investigated for being endangered. Divorce lawyer Edmonton says child and family services will have a lot of power to investigate the complaint thoroughly. Not only will they be allowed into the child’s home.
To look at the living conditions. They will also be allowed to speak to the guardians or parent of the child. Any siblings that the child has, neighbours, friends, teachers. And even other family members that may have witnessed something.
Once they have completed their investigation, child and family services will have recommendations that they can make. Either to help correct the deficiencies. That is responsible for the child being in danger.
And these agreements can include going to parenting courses, or take addictions counselling for example. However, a child and family services a worker does not need to create an agreement at all. If they think the child is in enough danger.
If child and family services believe that the child is in enough danger. They may instead simply file for an apprehension order. What an apprehension order is according to divorce lawyer Edmonton. Is in order that will allow child and family services to remove the child from the home temporarily.
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This will take the child out of danger, and can only be granted by a judge, who agrees that the child is in fact in danger. And will be held in custody, in order to make a ruling on the situation.
Within the apprehension order. The child and family services will have forty-two days to file an actual application with the court. Specifying what they want to have happen.
One of those applications is called a supervision order. And with this order, the parents or guardians will be allowed to have custody of the children. While conditions are being met. To remove the dangers to the child.
They will have a certain amount of time to complete those conditions. And once they are completed, child and family services will consider the matter completed. And the child is no longer considered at risk.
However, before child and family services who are investigating. If the child is indigenous, Métis or Inuit. They must take into consideration their culture, and any community care that they require. So that any cultural care that they need to can be addressed.
While the investigation, and court case completes. Any parent who has any questions or concerns about the child and family services investigation, or if they are going to court. Should contact independent legal counsel.
And even if they cannot afford this. There are many agencies who will be willing to help for free says divorce lawyer Edmonton. And no parent or guardian should be underrepresented during this case.