Divorce Lawyer Edmonton | When Children are in Danger
There are laws in the province of Alberta, that help protect child welfare according to divorce lawyer Edmonton. And whether a child is in danger physically, emotionally, or if they have been abandoned, lost or if their parents have passed away.
The act that governs all of the laws that protect children. Is called the child youth family and enhancement act. This is an extremely comprehensive act. That can help anyone understand how children are protected in this province.
Anytime a child is in need of intervention. Which means there is reasonable grounds to believe that their safety, security or development. Is endangered in any way. Then this act will be followed, in order to understand how that child can be protected.
This act also specifies that any person who sees a child in need of intervention. Is legally obligated to report the situation to government authorities. When this happens, child and family services will take up the matter, and investigate.
Child and family services is an umbrella term for many different government agencies. That are tasked with handling matters of child welfare. And they have extremely broad powers. That they can use to investigate the complaint of child endangerment.
Not only can they speak to the child selves. But these workers can speak to the parents or guardians of the child. And any third parties that could be witnesses to the events leading to the child’s safety.
Such as siblings of the child, extended family like grandparents or aunts and uncles. They can even talk to neighbours, teachers, and friends. In order to find what they need to in their investigation.
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They may find that the complaint was unfounded. And that the child is completely safe. At which case, they will take no action at this time. Other than to file report saying what the outcome of the complaint was.
If however, they discovered that the child does need intervention. They can either write an agreement called family enhancement agreement. That can outline the steps they recommend the parents or guardians take. In order to rectify the situation.
Or, child and family services can go straight to court, filing an apprehension order. That will allow them to seize the child. And take the matter before a judge says divorce lawyer Edmonton.
Once they file an apprehension order. They need to present evidence to a judge. In order to grant the ability to apprehend the child from the parents or guardians.
Divorce lawyer Edmonton says parents and guardians need to understand, that they may not get a notification of the apprehension. And typically, will only receive the paperwork regarding the apprehension after the fact.
If parents or guardians have had a child apprehended. They will be called to court, in order to apply for who gets initial custody. Which means who is going to have custody of the child prior to the trial. And child and family services must file this application within forty days of apprehending the child.
This can be a very fast process. But it is what child and family services is authorized to do by the child youth family and enhancement act. That is designed to help protect society’s most vulnerable members.
Divorce Lawyer Edmonton | When Children are in Danger
If child and family services have investigated a family says divorce lawyer Edmonton. And found that there is a child in danger in their care. There may be several different directions that they can take the case.
While most workers will want to help the parents or guardians fix the situation. And make it safe for their child. Parents who were presented with a family enhancement agreement. Are not legally required to sign this document.
These suggestion would be for parents who have been presented with this agreement. Should obtain independent legal advice. Before signing anything. Because this document becomes legally binding once signed by parent or guardian.
There are many lawyers throughout the province of Alberta. Who are more than happy to review any family enhancement agreements.
In order to give advice. On if parents should sign this document, if they should suggest amendments to the child and family services worker who presented it. Or if they are simply going to refuse to sign it at all.
However, there lawyer should prepare them. That if they do not sign the family enhancement agreement. The matter will then be taken to court. Where they will have to plead their case in front of a judge in a trial.
When this happens, child and family services will be filing to determine who gets initial custody of the child. Which means who will have custody of the child prior to trial.
Divorce lawyer Edmonton says this is very important. Because trials can take several months, or over a year to be brought before a judge. And most parents will want custody of their child before the trial.
While parents are waiting for the trial date. The recommendation by their lawyer. Will typically be to follow all of the requirements laid out in their family enhancement agreement.
Ultimately, there is going to be absolutely no downside to completing the requirements laid out in this document. Because often, when the matter gets to trial. Parents or guardians can argue that they have already completed what their child and family services worker had requested.
And in that case, the judge often rules in favour of the parent or guardian. And the matter will be dropped.
If however, parents do not complete the requirements. And they argue that the child is not in danger. But the judge disagrees after hearing the child and family services case.
Then parents may have to complete a different set of requirements. Either while they have custody of their child. Or while they do not have custody of their child.
Or, they could risk losing guardianship of their child all together. And have their parental rights stripped.
Regardless of what way a parent decides to go if they have been investigated by child and family services. They need to understand that this is extremely important.
And there are many laws governing child welfare in Alberta says divorce lawyer Edmonton. And by adhering to these laws, they can keep custody of their child and protect them.