Canadians are mobile and it is not uncommon for families to move between provinces. It is also not uncommon for parents to live in different provinces after a separation. So, if they need to go to court to settle a parenting dispute, which province should make this decision? This is a question of … [Read more...]
What, Why and Where: Untangling Jurisdiction in Family Law
It can be a real challenge to figure out which court to go to when a family law problem needs to be resolved by a judge. You may need to go to a court where you live, or a court somewhere else. If you are going to a court where you live, you’ll have to decide which of the three levels of court you … [Read more...]
How is property divided at the end of a relationship?
The property rights that you have at the end of a relationship depend on what kind of relationship you had in the first place. Are you married? Living together? If you are married, then the property rights that you have come from Alberta’s Matrimonial Property Act. If you are living together but are … [Read more...]
Protection Orders in Dangerous Circumstances
When trying to deal with family violence, everything can feel overwhelming, especially navigating the legal system. Victims of violence sometimes require a protection order that provides for no contact between them and the perpetrator of violence. There are several legal remedies available … [Read more...]
A Brief Primer on Child Support: Part Two
This article is the second of a two-part series on the basics of child support. In the first article I talked about who can ask for support and who has to pay it. In this article, I’ll talk about how much child support is paid, including how children’s extraordinary expenses are covered. How Much … [Read more...]
A Brief Primer on Child Support: Part One
Child support is money paid by a parent toward the living expenses of his or her child. Other people can be required to pay child support, including guardians and stepparents. The duty to pay child support is based on a parent’s obligation, under the old common law, to provide his or her child … [Read more...]
Mother May I? Schools and Parenting Disputes
I had the pleasure of attending a lecture by Jim Davies, the general counsel for the Edmonton Public School Board. He gave a group of family law lawyers the educator’s perspective on parenting disputes.1 Today’s dynamic family configurations can be complicated – divorced biological parents, foster … [Read more...]
Relocation Advisory Guidelines – an idea whose time has come?
Law professor Nicholas Bala of Queen’s University in Kingston, Ontario, took a close look at 750 Canadian cases1 where one parent asked for the court’s permission to move a child against the other parent’s wishes. Even though mobility cases seem ‘rule-less’ and the decisions give the impression of … [Read more...]
Considering Custody
EDITOR'S NOTE Canada's Divorce Act changed on March 1, 2021. The information in this article may be out-of-date. For current information on family law, see CPLEA's Families & Relationships Resources. I recently received this question: How can I get sole custody of my four-year-old son? I … [Read more...]
To Move or Not to Move – that is the Question
EDITOR'S NOTE | The information in this article may be out-of-date. For current information on moving with children, see CPLEA's Moving and the Divorce Act info sheet and FAQs and Moving with Children info sheet. In 2005, Patrick and Serena signed a Separation Agreement that said they would … [Read more...]