Divorce Lawyer Edmonton | Why Children Need Protection
Most children do not need protection from their parents says divorce lawyer Edmonton. But the few circumstances. Where a child does need protection. From their parents or guardians, there are laws that ensure.
That these children can get the help that they need. The statute, or act. That covers this area of law and Alberta. Is called the child youth family and enhancement act.
Anyone can read up on this law for free. Online, in the Canada legal library. Called family, and all Canadian laws. As well as Alberta laws are listed there. And people can read them for free.
However, in most cases. If a person has because to read the child youth family and enhancement act. The most likely also need. Independent legal advice. Especially if they are suspected.
Of having a child that is in need of intervention. This is the verbiage that is included in the statute. That indicates a child. Who is at risk of. Or is receiving abuse, either from a parent. Or they are failing to get protected.
By their parent or guardian. And someone else is abusing them. Abuse is also outlined in the child youth family and enhancement act says divorce lawyer Edmonton. It includes things like physical abuse.
Including cruel and unusual punishments. Emotional and mental abuse. As well as sexual abuse, whether the parent or guardian is perpetuating. This abuse. Or if they are unable or unwilling to protect their child from it.
This statute also covers instances. Where a child may be in need of intervention. Because they have been abandoned. Possibly permanently, or most likely. A parent has gone out to the bar.
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Or they have gone to a friends place for the weekend. And left the child to fend for themselves. This is also considered. A child who is in need of intervention says divorce lawyer Edmonton.
As well, a child whose parents have unfortunately. Passed away, or who has run away from home. Or has become separated accidentally. Such as after a hike in the woods. From their parents, and is lost.
There is a large number of scenarios. That cover children who need intervention. But something else that is covered in the child youth family and enhancement act. Is that anyone who witnesses.
Or suspects that a child is in need. Of intervention, is actually legally obligated. To alert the authorities to the situation. The authorities can include the police, RCMP. Or any of the numerous branches.
Of different agencies that collectively make up. The child and family services. Once child and family services receives a report. Or a complaint that a child may be in need. Of intervention, they themselves.
Our legally obligated to investigate. And they have extremely powerful abilities. To investigate those claims. They can come into the family home. Look around, and talk to all members of the family.
As well as speak to other witnesses. Such as neighbours, friends and teachers. In Alberta. Children who are in need of intervention. Have a protector in the child and family services department.
Divorce Lawyer Edmonton | Safeguarding Vulnerable Children
Most parents do everything they can to protect their children says divorce lawyer Edmonton. However, the laws that exist. That are made to protect children. Are there for a very good reason.
Some situations, have children being in danger. Whether it is due to the parents neglect. Or the parent is experiencing difficulties themselves. And child and family services. Takes this into consideration.
When investigating claims. That children may need help. They have a very broad authority. On what they can do. To help the child. From proposing agreements. That become legally binding arrangements.
That can help address the dangerous situation. And often resolve it. Such as requesting that parents take parenting courses. They get help for their own addictions. Or, help getting out of their own abusive relationships.
In some situations, they may require parents. To get a psychological or neurological assessment. Anything that they believe. Will help the parent remove the child. From the dangerous situation can be employed.
However, child and family services workers. Are also able. To remove children from parents care. Especially if they believe, that the parent will not be able. Or is unwilling to remove the danger.
They also can take matters into a court of law. In order to have a judge. Here the case, and make a decision. On the fate of the family. Based on what the judge believes. Is in the child’s best interest.
Once the matter goes to court. Divorce lawyer Edmonton says the first thing. That a parent needs is legal representation. They can find this through the legal aid Society of Alberta.
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Or, by contacting lawyers directly. If they received an agreement. From child and family services first. They can get free legal advice. At almost any lawyer’s office. Divorce lawyer Edmonton says they are more than happy.
To read the agreement. And give advice based on the contents. However, once it goes to court. Parents and guardians will need. To retain a lawyer directly. To help them get through the court proceedings.
Once the situation is going to court. Child and family services can decide. What kind of substantial application to make. Whether it is a supervision order. Which is a document that specifies.
That the parent can continue having custody. Of their children while they make changes. To rectify the dangerous situation. But also, the child and family services worker can apply.
For temporary guardianship order. Where the custody of the child. Will be transferred to a another family member. Or to foster care. While the parent is fixing the situation.
And in extreme cases says divorce lawyer Edmonton. A child and family services worker may apply. For a permanent guardianship order. That essentially strips the parent. Of their parental rights, permanently.
A judge will not rule on these things lightly. They will take many things into consideration. And ensure that a child. Is not taken from their family. Without due cause.