Monica Schultz
Family Law
Court Observation
Child Welfare Court
I drove to see my family in Calgary and had a chance to attend court at the Calgary Court House with my
sister on Monday, November 28th at 9:30 a.m. My sister is a social worker and is an Investigator for Child
Protection for the Government of Alberta. I wasn’t sure what I was walking into. My sisters first
comment to me was, “I really hope you didn’t wear a belt or have any metal stuff on”. In any case, we
walked in and you go right through what seems like airport security. There were some first timers like
myself who were going through and couldn’t get over the security, but I understand the security aspect.
We then took the elevator to the 12th floor where it’s mostly the family/child court cases. We passed
through the hall where lots of people were waiting and others were talking with their lawyers. We got
there early enough so that we could just sit and chat and I could ask a few questions.
We were in courtroom 1205 which was the Child Welfare Courtroom that meets on Monday,
Wednesdays and Fridays. There are two sittings every day at 9 a.m. and 2 p.m.
It was unfortunate as I really wanted to go to Family Court but the day I went it happened to be an
empty courtroom. So, we went to my sisters territory in the child welfare court. IT’s a newly renovated
court room and not one that I would like to have to actually attend. As we sat and talked more and more
people walked in. We sat on the left hand side where most of the people who are have been told to
come either because of custody issues, visitations, etc. On the right hand side of the court sit the
lawyers and social workers.
On this particular day Judge McLennan. There were various cases that were happening that day. My
sister let me know what was going on in regards to some of the terminology. I honestly don’t know what
I would have done without her because I seriously felt as though things were moving so fast that I had
no clue what they were talking about.
So, there are 3 court applications. There is the Supplementary Order. This is when the child is in the
home. They have a social worker who supervises when things are happening. They social worker will
help them to get in home support and counselling in order to keep the children in the home.
Another is the Temporary Guardianship Order. After the parents have done what has been asked by the
social worker (i.e., living conditions, counselling, abuse help, etc.) the children can return home. There
then is also a Custody Order. The children are in care. The children will live in either a foster home or
they will be in Group Care.
As the first case came in front of the judge, there were three lawyers . There was a lawyer representing
the child, another representing mom (who was not present) another for dad, and one was for the
paternal grandmother. The dad was there in court as well as the grandmother. It was declared that
because the mother was not there, that custody at this point will come again in front of the judge after
they have been trying to get a hold of the mother and haven’t had success. The social worker then asked
that a JDR (which means that all parties come to an agreement with the judges help) for what will
happen with the children. In this case, another court date was set to make a final decision and try one
more time to get a hold of the mother.
The next case, was a young teenage mother who was about 14 years old who happened to be in the
court with her mom. She was going through the courts for the Temporary Guardianship Order. At that
point the lawyer for the social asked the question if the young girl knew who the father was. The
comment by the young girls lawyer was that she did not know who it was. It was between two boys, one
of which is out of province. So, the judge ordered a subservice in the Kelowna, British Columbia paper.
They have tried their hardest to call, email, get contact with the dad, but he is not contacting them. So,
what they do is put it in the classified section in the paper that they are looking for a person who is
wanted in court in Calgary for child welfare. I had no clue that this was happening. Who knew!
We watched for a couple hours, but to be honest, it was a lot of the same thing of custody, trying to get
a hold of people, judge setting another date for the actual ruling, and going from there. It really opened
my eyes to see what social workers do and their roles in really trying to make things better for the
families. As much as one thinks that they are just being a pain in the butt, they are trying to make your
life better.
The one funny thing that did happen was when my sister and I were talking. My sister normally sits on
the right side, and we were sitting on the left toward the back (true Lutherans). She then commented
“you realize people are going to think that you are one of my cases”. Only seconds later did the
representative for the social workers come and ask her what my case was. Let’s just say that I turned
red. We had a good laugh about it! I have always said to my sister, I don’t envy her for the job she has,
but am so thankful that she is in the job she is in! She’s a blessing to those she comes into contact with!
I feel as though taking this course I have had my eyes open to what families deal with. I was able to, this
week, talk with a congregation member whose ex-husband has been having mental issues and has now
asked for more regular visits unsupervised with the children. This really is heartbreaking to the mom
after seeing the abuse the family has gone through. I was able to help out give some phone numbers for
her and talk with her and pray for her. It really made me feel like, this is where God needs me to be!
Honestly a blessing and was nice to see her take a bit of a breathe and be so very happy that the church
is supporting them.