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Where to start when responding to an Emergency Protection Order (EPO)

If the criteria are met, the EPO will be granted, and the EPO document will be generated by the Court. A police officer will serve the Respondent with the EPO document. From this point forward, the Respondent must abide by the conditions of the EPO or face serious legal consequences. The police officer may accompany the Respondent back to the family home to collect a few of their personal belongings, which this service must be booked and confirmed in advance of this occurring. An individu...

What is a Personal Representative’s responsibility to ensure the adequate sale of real property within an Estate?

A Personal Representative must take prudent steps to ensure that real property is kept to a standard that damages to the property are protected against, that if there is the opportunity that the property is utilized for income generation, while it continues to be retained by the estate, and lastly that if the property is to be sold in a timely fashion and steps taken to obtain the highest sale price.

Family Dispute Resolution Processes- An Overview

In family law matters, court litigation can be expensive, intimidating and time consuming, and may escalate the conflict in a family rather than resolve it. The Divorce Act now requires families to try to solve their family law issues by using family dispute resolution processes, where appropriate. There is also an obligation of legal advisors to encourage their family law clients to try to resolve issues using family dispute resolution, unless it would be clearly inappropriate to do so. The...

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 ...

Reported Decisions

Where to start when responding to an Emergency Protection Order (EPO)

What is a Personal Representative’s responsibility to ensure the adequate sale of real property within an Estate?

Family Dispute Resolution Processes- An Overview

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

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