After a divorce, if there is a child involved, then the issues like child custody arises. Sometimes the child is at some immediate risks (e.g., child care, education, accommodation). There is immediate child custody for these kinds of issues, which is also known as emergency child custody.
For getting emergency child custody, one needs to ask for a petition to the court. Also, you need to meet some requirements and follow a certain procedure for that. No matter you are seeking emergency custody or challenging a custody order, in both cases, it is better to ask help from a custody lawyer.
In this writing, we will discuss everything that you need to know about emergency child custody. So keep reading! You can check out divorceanswers.com to learn more about divorce and the effects of it to your child.
What is emergency child custody?
According to Canadian law, the court will decide the joint custody based on the child’s interest. When both parents are agreed on a mutual parenting plan, the court considers joint custody. If the parents cannot agree on a mutual agreement, then the court will take another move by visitation.
Other than these, when a child is at immediate risks, harm, or abuse,If a parent wants, s/he can ask for an emergency custody order to protect the child. According to the Regina Child protection act, a parent can ask for emergency custody on behalf of a child.
It is not necessary that the protection order has to ask by the biological parent. It can be asked by any legal guardian, police officer, peace officer, any legal court-appointed advocate, and so on. But when the court approves the order, that person has to take responsibility for all the child’s support and care.
Restrictions of Protection Order:
When the court approves the protection order issued for a child, the respondent must go through some restrictions. This kind of protection order may be issued for between two months up to a year. It can be subject to re-issued. Those restrictions of a protection order can include:
- The respondent is restricted from committing any domestic violence. The violence can include sexual assault, molesting, stalking, or any action that will disturb the child’s peace.
- The respondent is restricted from entering the home of the victim child.
- The respondent is restricted from communicating with the victim child, no matter the medium of communication. It also includes social media.
- The respondent is restricted from possessing any kind of arms or ammunition.
Challenging Emergency Child Custody:
When you ask for emergency child custody against the other party, the other parent can also claim challenging child custody. This claim can be raised because of accidental injury, bad housing, sports injury, and so on. On the other hand, there are some reasonable discipline (e.g., Spanking)
These kinds of reasonable discipline do not consider child abuse. Until or unless the other party disagrees with this discipline. Sometimes, an innocent parent also gets involved in emergency child custody. That is why there is an option for them. They can challenge that parent. So this is called the challenging emergency child custody.
Where Does the Child Go after the custody?
When a police officer or legal court-appointed advocate takes emergency custody for a child, that child needs to go through a medical facility for treatment and some other facilities. In some cases, when the children return his or her home after emergency custody.
In that case, the court will ensure no risks or immediate threat for that child. Sometimes, the court also makes an emergency guardian for that child. That emergency guardian needs to take all responsibilities of that child. And they designate by a parent.
Why You Need a Child Custody Lawyer:
Usually, emergency child custody happens when there are some sorts of tragedy, crimes, or anything like this. Emergency custody is not an ideal situation for a child. Luckily, emergency child custody is not as common as temporary child custody.
If someone needs to go for an emergency child custody, then to get the child’s custody, s/he needs to go through a long court process. There are also some factors like child interest, financial factors, etc. So claim for emergency child custody is not that simple process. So it is important to ask some child custody lawyer who can help you in this regard.
A child custody lawyer will help you by giving you the right direction. In some cases, when you need to challenge child custody against the other party. Then there are factors that you should concern about. A lawyer can work as your representative. Also, they can present your case to the court properly.
The bottom line:
If you are even in such a situation, you need to ask for emergency child custody or defend yourself from abusive changes, it is very important to know about emergency child custody. In some cases, an innocent parent gets involved with abusive charges for nothing.
That is why, if you need to challenge or ask for emergency child custody, you can ask for help from a custody lawyer. You will find a custody lawyer around your area. A lawyer can help you by proving your best options. Hopefully, from this writing, you have learned a lot of things about emergency child custody.