Divorce Lawyer Edmonton | When Children Need Help
However, this is outlined. Very clearly in the Alberta law. Governing the protection of children. Which is a statute called the child youth family and enhancement act. It clearly outlines what a child who needs help looks like.
And what any citizen is legally obligated. To do, in order to protect. That child from continual abuse. The first thing that people need to understand. Is what a child who needs help. Or, according to the language of the law.
What a child who is in need of intervention. Looks like, this is several things. Including a child. Who is parents may have passed away. And there is no will. Determining who will have custody of the child next.
It could be a child, who wandered away. From the family while camping. And is now lost in the woods. Or, a child who has been left alone. For longer than twenty-four hours. For example a parent who left.
The child with a babysitter. It has not returned by the time. That they have specified. However, while these are some of the more innocuous cases. Of a child in need. Of intervention, divorce lawyer Edmonton says.
There are much more specific reasons. And much more urgent reasons. Why a child would be considered. In need of intervention. For example, they are receiving. Or are in danger of receiving.
Abuse, in the form of physical, sexual, or emotional abuse. Whether it is abuse by the parent or guardian. Or the parent or guardian is unable, or unwilling. To protect that child from that abuse.
This includes scenarios such as cruel and unusual punishment. Such as being locked in a covered. For extended periods of time. As a punishment for an indiscretion. And while many people are horrified.
To think of a parent or guardian. Who is either perpetuating these crimes. Or who is an willing to stop them. Need to understand, that there are many different scenarios at play here says divorce lawyer Edmonton.
From parents who are themselves. In an abusive relationship. Who are on the receiving end of violence. Who may have had a neurological issue. Or are dealing with problems like addiction.
The argument can be made. That very few parents in Alberta. Are simply abusing their child. Because they are evil, with no other explanation. Child and family services takes this into consideration.
As does a judge. When they are deciding what should happen. With the parent of a child who is in need of intervention. In fact, the courts lean towards.
Considering the most access to the parents. As what is in the best interest of the child. And while child and family services. Have the ability. To remove children from the custody. Of abusive parents.
This is therefore not their first reaction. In conclusion, it will exhaust all of their efforts. To help the parent correct the behaviour. Before applying to remove the child from their care.
Divorce Lawyer Edmonton | Kids In Need Of Aid
It is unfortunate that divorce lawyer Edmonton has seen. A number of cases where a child has needed help. However, there are extremely clear laws. In the province of Alberta designed.
To deal with child welfare situations. And this law is called, the child youth family and enhancement act. Anyone can read it for free online. As part of a nonprofit organization. That provides legal documentation.
In addition to legal advice, to people who need it. This law states that anyone who witnesses. A child who appears to need intervention. Or if they otherwise suspect. That the child needs help.
That those people are therefore legally obligated. To alert the proper authorities. To the situation. When a situation concerning child welfare is reported. Child and family services is legally required.
To use any and all power at their disposal. Again investigate, and use any method. However correct the situation. This can include asking parents to enter into a specific agreement. Outlining the changes that need to be made.
These changes can include things like asking parents to take a parenting course. Or, go to counselling. Either individual, psychological counselling. Or family counselling to deal with the issues.
The agreement may outline. That the parent needs to undergo addictions counselling. Get help for the domestic violence that they are experiencing. Or, that they need to get a medical test done.
However, while the child and family services. Have broad powers. That absolutely, under no circumstances. Include forcing a parent. Or otherwise coercing them to sign this agreement.
Similarly, child and family services workers. Are certainly not lawyers, nor are they working. In the best interest of the parent. Similarly, they are doing what they consider to be the best. For that child, but that is not a black-and-white area.
This is why divorce lawyer Edmonton recommends. For instance, parents who are asked to sign. Any agreement from a child and family services worker. To get independent legal advice first.
A parent has three options when faced with this. They can therefore sign it for instance. And are legally bound to its requirements. They can suggest edits meanwhile. Which are much more fair. To their specific situation in other words.
Or, they can simply refuse to sign it. Which will certainly trigger a court date. Advice from their divorce lawyer Edmonton will specify. Which one of these three scenarios. Is in each individual’s best interest.
If the parent therefore decides. To trigger court date for instance. While they are waiting for the court date to happen. Which may take months, or years. Divorce lawyer Edmonton recommends. Making the changes outlined.
In the original agreement. That child and family services gave to the parent. That way, in the months or years it takes. For their case to be heard by a judge. The parent may have already made. The changes required.
Which would therefore force child and family services. To certainly remove their application. Because the child is definitely no longer considered in danger. Regardless, every person in this situation. In conclusion, it works towards that child’s best interest.