My Child is Not Safe with the Other Parent: What Should I Do?
As a parent, nothing is more important than your child’s safety and well-being. But what happens when you fear that their other parent may be putting them at risk? Navigating these concerns can be daunting and emotional, especially when you’re unsure about the right steps to take. This blog outlines practical steps and legal options available to help you protect your child based on the severity and nature of your concerns. Whether your fears are about immediate danger or broader, long-term issues, understanding your options is the first step to ensuring your child’s future safety.
Is Your Child in Immediate or Imminent Danger from the Other Parent?
If you believe your child is in immediate or imminent danger, the first and most important step is to ensure their safety.
- Call 911: If you suspect your child is in danger, do not hesitate to call 911. Law enforcement can provide immediate assistance and help to ensure your child is safe.
- Do not leave your child alone with the other parent: In situations where there is a clear and present danger, it's crucial to keep your child away from the other parent until the situation is resolved.
- Seek an emergency protection order (EPO): After ensuring immediate safety, consider applying for an EPO. An EPO can provide temporary protection for you and your child by imposing restrictions on contact from the other parent.
- Apply for an urgent parenting order: If immediate safety concerns have arisen with the other parent, you can request an urgent order to protect your child. If granted, the order may include specific safety measures such as supervised visitation or a police enforcement clause.
Depending on the severity and urgency of the situation, it might be necessary to make these applications without notice to the other parent or on very short notice prior to the hearing. Ensuring your child's safety is paramount, and the courts recognize the need for swift action in these cases.
Is the Other Parent Likely to Put Your Child in Danger, or Are They Unable to Keep Them Safe?
If the danger is not immediate but you believe your child is at risk or the other parent is unable to ensure their safety, it’s important to understand how the courts and Children's Services interpret risk. The relevant legislation includes:
- The Alberta Family Law Act (the FLA): The FLA governs family law matters in Alberta and outlines the responsibilities and rights of parents and guardians.
- The Divorce Act of Canada: For married parents who have separated or divorced, the Divorce Act provides the legal framework for issues related to their children.
- The Child, Youth, and Family Enhancement Act of Alberta (the CYFEA): The CYFEA deals with child protection matters and outlines the intervention process by Children's Services.
When a parent files an application about a child’s safety and well-being under the FLA or the Divorce Act, the court will consider the safety risk based on the child’s “best interests”. These applications are typically made by one parent against the other but can also involve guardians or other people who have contact with the child.
On the other hand, the CYFEA focuses on whether a guardian is willing to keep the child safe. This is an important distinction because if there is one “safe” parent who is actively protecting the child from an “unsafe” parent – either through court action or other means - Children’s Services usually won’t need to step in. But if neither parent is safe or if the safe parent isn’t able or willing to protect the child, then Children’s Services’ may need to get involved.
Steps You Can Take:
- Apply to the courts for emergency or urgent orders: If you believe your child is at risk, you can apply for emergency or urgent parenting orders.
- Speak with the police: If you’re concerned about your child's safety, contacting the police can initiate an investigation, help you make safe decisions, and offer immediate protection for your child.
- Parenting capacity or risk assessments: Requesting a parenting capacity assessment or risk assessment through the courts can help determine whether the other parent is capable of ensuring your child's safety or can clarify and assure parents and professionals of a parent’s ability to keep their child safe.
- Consult professionals familiar with the specific safety concerns: Speaking with domestic violence, mental health, or addiction professionals as they relate to your matter can provide valuable insights and support. Safety planning and education for parents regarding potential risks can often prove beneficial or even lifesaving, equipping you with the tools and knowledge you need to protect your child effectively.
- Contact a lawyer: Legal advice is indispensable in these situations. A lawyer can guide you through the process and help you take the necessary legal steps.
Do You Believe Your Child is at Risk or is Not Being Taken Care of Properly, but You Aren’t Sure What is Appropriate?
In some cases, the situation may not be as clear-cut, but you still have concerns about your child's well-being. These concerns may not always involve direct harm, but can have significant implications for your child’s overall safety and well-being.
- Leaving a child home alone: Is the other parent leaving your child unsupervised for extended periods? For more information on this topic, read our comprehensive blog on the legal and safety considerations.
- Allowing a teenager to consume alcohol: Is the other parent encouraging or permitting behaviour that could be harmful to your child’s health and safety?
- Not ensuring a child wears a seatbelt, bicycle helmet, or lifejacket: Are they neglecting basic safety measures for a child, including legal safety requirements?
- Failing to protect emotional health: Is the other parent failing to provide emotional support or exposing the child to harmful, stressful, or disturbing situations?
- Neglecting medical needs: Are they failing to follow through with prescribed medications, treatments, or necessary medical appointments?
How the Court May Respond:
When assessing these types of concerns, the court will undertake a thorough, fact-specific analysis that is often quite nuanced. They will aim to assess whether the risk is significant enough to warrant intervention and, if so, what the appropriate intervention may be. Depending on the severity of the risk, the court may:
- Decline to intervene: If the concerns are minor, a one-off, have been adequately resolved, or do not significantly impact the child's safety or well-being, the court may choose not to take action.
- Mitigate risks: For more serious or chronic concerns, the court may impose specific requirements to address the risk, which may or may not include limiting the other parent's time with the child. For example, the court may issue an order for compliance with safety standards, attendance by a parent at educational or mental health programs, drug or alcohol testing, or other measures to reduce risks to the child. At the same time, the court will strive to preserve the child’s relationship with both parents, as long as it aligns with the child’s best interests.
Concerned Your Child is Not Receiving Proper Care, but Unsure if it Warrants Court Intervention?
In some cases, your concerns may not constitute a safety risk but still impact your child's best interests. These might include:
- Disputes around bedtime, homework, screen time, or discipline: Differences in parenting styles can lead to conflicts about routines and responsibilities, particularly as children get older and the impacts of the contrasting parenting styles can result in varying outcomes.
- Role modeling and environment: Concerns about the other parent's ability to provide a positive environment and serve as a good role model can also cause friction between parents, especially if a child is being directly exposed to these behaviours or attitudes.
The Court's Approach:
While the court generally avoids micromanaging parenting decisions, they will consider these issues in the context of the child's best interests. In some circumstances, the court may:
- Impose requirements: If necessary, the court can impose requirements to address specific concerns, such as setting guidelines for bedtime or homework routines.
- Restrict or reduce contact: In more serious cases, if it is in the child's best interests, the court may restrict or reduce the other parent's contact or time with a child.
Whether the safety concerns are significant or in more of a grey area, the safety and well-being of children should always be a parent's primary concern. If any of the above situations apply, it is very important for concerned parents to contact a lawyer as soon as possible to discuss their situation. Taking early action can make a significant difference in protecting your child’s future. The lawyers at Crossroads Law have a proven track record of success in litigating safety and other parenting issues. Contact us today for a free 20-minute consultation.
The information contained in this blog is not legal advice and should not be construed as legal advice on any subject. The information provided in this blog is for informational purposes only.
