Areas of Law
Areas of Law
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  • 62354.01
    This paper is a comprehensive review of the principles set out in the Anderson v Anderson decision, earlier consideration by Alberta courts of those same principles, and how Alberta courts will likely apply the Anderson decision. This paper is part of a collection presented at LESA’s Running an Effective Family Law Practice program in Edmonton on March 7, 2024.
  • 62371.05
    When a child is apprehended, the Director (Child & Family Services) must return the child within two days or make an application for initial custody, as well as a supervision order, a temporary guardianship order, or a permanent guardianship order. This paper explores initial custody applications, including timelines and structure of the initial custody hearing , evidence, the legal test to be met, tips for counsel for the Director, tips for counsel for the parent/guardian, and next steps after the hearing. This paper is part of a collection presented at LESA’s Child Protection Issues in Family Law Matters program on January 19, 2024.
  • 62371.01
    This paper addresses aspects of the Alberta Child, Youth, and Family Enhancement Act (CYFEA), including the responsibilities of the Ministry of Child and Family Services and the Director, the roles of Family and Surrogate Court Litigation (FASCL) and Court Coordinators, principles that guide the interpretation and administration of the CYFEA, agreements with the Director, supervision orders, apprehension orders, temporary guardianship orders (TGOs) and permanent guardianship orders (PGOs), private guardianship, administrative reviews, and pertinent forms. This paper is part of a collection presented at LESA’s Child Protection Issues in Family Law Matters program on January 19, 2024.
  • 62363.01
    The Maintenance Enforcement Program (MEP) and Child Support Recalculation Program (RP) are administrative programs that operate within the Ministry of Justice. This paper explores the legislative framework for the MEP and RP; the MEP’s enforcement authority; when to serve the MEP and why; drafting orders; the MEP’s section 7 and child status policies; the Child Support Recalculation Program Regulation and the administrative limits of the RP; and the FSOS complaint review process and the ombudsman. This paper was presented at LESA’s MEP: A Primer for Legal Support Staff webinar on December 6, 2023.
  • 62364.02
    More and more family law clients and lawyers are turning to arbitration as an alternative to the courts. While many benefits exist, constraints and limits also exist. Part 1 of the paper explores various provisions of the Arbitration Act, including how they intersect and influence each other, and how the judiciary has interpreted them. Part 2 focuses on the intersection of the arbitration process and the limited jurisdiction of the court. This paper is part of a collection presented at LESA’s Collateral Issues in Family Law program in Calgary on December 1, 2023.
  • 62150.06
    This paper provides a brief synopsis of considerations when using expert evidence in family law trials. Topics discuss admissibility, preparing the witness, qualifying the expert at trial, examination, and cross-examination. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
  • 62150.05
    This short paper provides practical tips for conducting an effective cross-examination and includes discussion about impeaching a witness on inconsistent statements. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
  • 62150.04
    This paper explores four key areas related to direct examination: (1) basic rules for direct examination, (2) preparing witnesses, (3) how to control witnesses and proper versus improper leading, and (4) use of exhibits. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
  • 62150.03
    This short overview paper offers practical tips for making effective opening and closing statements when conducting a family law trial. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
  • 62150.02
    This paper offers some ethical and practical considerations for when a family law case is headed to trial. It includes reflections on lessons learned, tips, and precedents. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
  • 62150.01
    This paper focuses on Alberta Rules of Court Part 5 questionings (formerly known as examination for discovery) that, in the family law context, apply to proceedings under the Divorce Act or Family Property Act as well as actions for unjust enrichment. Topics provide insight into the scope of questioning, preparing for questioning, conducting questioning, and using questioning evidence at trial. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
  • 62283.10
    This paper addresses important issues for Alberta lawyers in parenting cases, including: the nature of high conflict parenting cases, the concept of coercive control in the definition of “family violence”, the role of counsel in family law cases, the Alberta experience with shared parenting cases, and the AFCC-Alberta Parenting Plan Guide and other helpful resources available for lawyers and parents in making parenting plans. This paper is part of a collection presented at LESA's Refresher 2023: Family Law in Jasper from May 4–7, 2023.