Blog - Divorce, Custody, Estate Lawyers & Best Law Firm in Calgary

Child Support: Who contributes towards the payment of post-secondary education?

Separated parents may be surprised to learn that their obligation to pay child support can extend well past their child’s 18th birthday. In Alberta, the Family Law Act and/or the Divorce Act govern the payments of child support. It has been widely acknowledged that children who are attending post-secondary education or training still require financial support from their parents. In turn, Courts have a and continue to routinely order both separated parents to support their child(ren) through...

Family Law Dictionary of Common Words

The breakdown of a relationship and marriage can be a stressful and emotional experience. The associated legal proceedings can be equally frustrating and confusing. Many people are unfamiliar with common terms used in the separation and divorce process. For your convenience, we have compiled the following list of commonly used but unfamiliar words you may encounter during your separation or Court experience in Alberta

What legal rights do grandparents have for time with their grandchildren?

Grandparents play an important role for many children well into their adulthood, and many grandparents treasure the time they get to spend with their grandchild(ren). Unfortunately, the separation of parents and other life events can have an unforeseen impact on the relationship between grandparents and their grandchild(ren). In some circumstances, family members are unable to agree on the contact grandparents may have with their grandchild(ren). In Alberta, the Family Law Act allows grandpa...

Can Separation Agreements be overturned or altered?

Canadian Courts are reluctant to interfere in the private contracts made between individuals. However, contracts in the family law context, whether separation agreements, prenuptial agreements, or cohabitation agreements, are held to a higher degree of scrutiny than traditional commercial contracts because of the often-unequal power relationships that exist between former spouses. In 2003, the Supreme Court of Canada (SCC) decided the case of Miglin v. Miglin, which had a significant impa...

Does my Divorce Judgment include division of property between myself and my spouse?

When filing a Statement of Claim for Divorce and Division of Family Property as the initiating document to commence a divorce proceeding, one might also then expect that division of property between spouses would also be included when finally receiving a Divorce Judgment and Corollary Relief Order at the end of a divorce proceeding. However, that is not the case. A Divorce Judgment and Corollary Relief Order confirms your divorce has been granted, and what can also be addressed in this p...

When does my Child Get to Speak?

But in divorce, separation and custody matters, the voice of a child is not always directly heard. Parents will ask counsel and the Court ‘Why can’t my child say what they want?’ or ‘Can’t my child say where they want to live?’ or even ‘ Ask him if he wants a vaccination! There is no exact response to theses questions but fortunately there are some options. This is because each child matures at a different level. A very mature and eloquent eight-year-old may be able to vocalize their wish...

Can I move with my children? – Mobility and the new Divorce Act

When one parent seeks a substantial relocation with a child and the other parent objects, the moving parent may be required to make a mobility application. Until recently, the Divorce Act, the legislation governing divorced spouses, was silent on the issue of mobility. The Courts have long relied on the Supreme Court of Canada decision of Gordon v Goertz, [1996] 2 SCR 27, which outlines the test that moving parent must satisfy before being permitted to relocate with a child. This common law ...

Does getting married or having a new partner affect payment of spousal support?

Following separation or divorce, it is common for parties to find new life partners. This “re-partnering” is one factor that a court may consider relevant in determining a spousal support claim or variation. Re-partnering may impact a recipient’s entitlement to support as well as the quantum/duration of those spousal support payments. To understand how re-partnering may affect spousal support entitlement, there must be an understanding of the three grounds for spousal support – compensatory...

Why is it important to have a well drafted Last Will and Testament?

Wills and Estate lawyers will readily advise clients that fixing the issues caused by poor drafting and a lack of precision in estate planning results in far more time required to complete the estate probate process, stress for clients and in turn likely far higher legal costs. Clients are best served with hiring a well trained lawyer who regularly practices in the drafting of Last Will and Testaments, as well as the successful probate of an estate which is confirmed by the Court of Quee...

“In the Best Interests” of the Child- What Does It Really Mean?

The best interests test is a highly fact driven analysis, which is why it is important for parents to be aware of the factors listed in Section 16(3) of the Divorce Act. When parents do not agree on their parenting schedule and responsibilities, they need to be prepared to show why the parenting arrangement they are seeking is in the best interest of their children, and not simply what they desire as parents. Given the expansive list contained in Section 16(3), parents need to be mindful tha...

Reported Decisions

Child Support: Who contributes towards the payment of post-secondary education?

Family Law Dictionary of Common Words

What legal rights do grandparents have for time with their grandchildren?

Can Separation Agreements be overturned or altered?

Does my Divorce Judgment include division of property between myself and my spouse?

When does my Child Get to Speak?

Can I move with my children? – Mobility and the new Divorce Act

Does getting married or having a new partner affect payment of spousal support?

Why is it important to have a well drafted Last Will and Testament?

“In the Best Interests” of the Child- What Does It Really Mean?

Trusted Counsel for Calgary Family Law Matters