Issues of child custody are in themselves very emotional but when the life or welfare of your child is threatened, matters are urgent. That is where emergency custody orders ought to be used. These judicial directives are meant to offer instant safeguard to a child in eventualities of possible abuse. When you are in that sort of emergency, it is vital to know when to come to action and when to request the assistance of Calgary family lawyers.

What Is Emergency Custody Order?

An emergency custody order refers to a court ruling which ensures that temporary custody provision of a child is put in the hands of either of the parents or guardians in cases where urgent measures are necessary to safeguard the safety of the child. These are orders that are issued in a short time, in most cases without the notice of the other parent, to avert the harm that may arise.

The following situations are capable of obliging an emergency custody order:

These types of cases are very dangerous in nature and thus, courts work with a lot of speed and you cannot get away with just a weak case supported with limited evidence.

On what occasions you should hire a family lawyer urgently

Time is of essence when it comes to the safety of your child. This is where family lawyer can come, to your help, and act swift and efficient:

1. The Submission of Emergency Petition

Family lawyer may prepare and submit the required papers to seek emergency custody order. Courts insist on certain forms of papers and language that demonstrate the urgency to act immediately. A seasoned attorney will make sure that no stone will be left unturned and that your request is legitimate.

2. Making Powerful Arguing

A credible evidence is needed to avoid the court ordering emergency. Some of the documentation that a family lawyer will assist you to collect and present would include:

Lawyers are fully aware as to what kind of evidence the courts find convincing.

3. Your Legal Representative

The judge may give the hearing date, in that case, the family lawyer will represent you before the court. They will vividly explain the dangers that your child may be going through and why they want to be given temporary custody. It is always advisable that a lawyer speaks on your behalf as this can really boost your likelihood of having a favorable case.

4. Making Sure that the Law is Followed

Strict legal procedures are involved in the case of the emergency custody. Even a deadliness or filing the incorrect form could hold or even scupper your case. A lawyer will also make sure that you do not make some expensive mistakes by addressing all the requirements.

5. Long term Planning

Emergency custody orders are short. Also, a family lawyer will assist you in preparing you on the next actions like application of permanent custody change or a follow-up hearing. They will take you through the process and assist you in creating a stronger case of long-term custody.

The Need to Act Fast

Such delays will only further expose your baby towards greater danger in case of any emergency custody proceedings. Depending on whether the threat lies on abuse, neglect, or unstable environment, taking immediate action can be the solution. The order of events of a case is also important with courts putting consideration of the chronology into consideration when determining whether to issue an emergency order. When a parent takes a long time before demanding a legal assistance, this can be taken as an indication that it is not really an emergency. That is why no one can do without a family lawyer and the reason is that a family lawyer who is aware of the situation knows that there can be no postponement and he or she can make the legal proceedings at once.

The Strength of Evidence to Your Case.

What would suffice is not merely saying that your child is at risk but strong evidence must be provided to the court. A family attorney will assist you in a manner that presents evidence in a manner favorable to your petition. To cite an instance; in case your child indicates some physical or emotional abuse, your lawyer can collaborate with the medical practitioners and child psychologist to procure credible reports. In the case of a previous history of neglect your attorney can ask to be supplied with school attendance records, witness statements of neighbors or child protective services reports. Every record will further your case and make you more likely to get an emergency custody order.

The way a Lawyer Can Deal with Uncooperative Parties

Abandoned custody One of the most widespread problems in custody cases involves the problematic co-parent: the uncooperative or hostile co-parent. To avoid having to communicate directly with the other party, a family lawyer may serve as a buffer person and take care of all communications and legal documents to be filed. This is particularly necessary when there is domestic violence or threatening or harassment involved. Your attorney could also demand a restraining order together with the emergency custody order to further guarantee you and your child safety.

The Court perspective

Family courts will never compromise the interest of the child. The court should however strike a balance between this worry and the rights of both parents as dictated by law. That is why the orders of custody are not given easily and, on the contrary, they should be issued in highly urgent cases. A family attorney will position your case to suit the line of thought at the court and portray how what you are doing is a direct response to avert the immediate danger posed to your child.

Post-Order Responsibilities

After an order of emergency custody has been issued, you (the custodial parent) are under an obligation to proceed with your duties as soon as possible. A court order should be followed to the letter. A family lawyer will help you know these terms and prevent the actions that may be perceived as a breach of the agreement. They may also help in writing down persistent worries and make sure that court proceedings later will mention the changed situation.

Permanent Custody Proceedings Page Preparation

Emergency custody order is only but the first step. A majority of the courts will establish a follow up hearing of the case to know whether the temporary arrangement was to either be extended or become permanent. Your attorney will be able to prepare you to face this hearing by going over the initial claims, asking any new evidence to be produced, and assisting you in the building of a case as to why a long-term custody should be given to you. As long as you have a good plan and legal assistance, you will be better able to achieve permanent protective measures to your child.

Final Reminder

Never forget that the issue concerning emergency custody is highly sensitive. Things can get emotionally charged but when you act on taken deliberate strategic legal choice, it will always be in the best interest of your child. Waiting is never a good idea as the situation may become worse; you have to take action in the case you think your child is endangered; you must approach legal assistance. A quick intervention by a good family lawyer may be all that it takes to ensure a bright future of your child.