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62283.03This paper discusses development in the jurisprudence relating to child support in these areas: retroactive child support; when, where, and how an adult child continues to be an eligible recipient of child support; obligations of people who stand in the place of a parent; and post-Cunningham corporate disclosure issues. This paper is part of a collection presented at LESA's Refresher 2023: Family Law in Jasper from May 4–7, 2023.
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62283.01Examining the purpose and intent of both direct examination and cross-examination, this paper provides tips and pointers to help litigators of all levels of experience hone their advocacy skills. It also provides helpful information when dealing with child witnesses and when making objections generally. This paper is part of a collection presented at LESA's Refresher 2023: Family Law in Jasper from May 4–7, 2023.
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62318.01The Maintenance Enforcement Program (MEP) and Child Support Recalculation Program (RP) are administrative programs that operate within the Alberta Ministry of Justice. This paper sets out the legislative framework for both programs; provides context for lawyers who have files that intersect with the programs; and explores considerations that lawyers should know when bringing applications to vary child support or to stay enforcement, drafting orders, and looking at MEP’s Debtor and Creditor Statements of Account. It also examines the administrative limits of the RP. This paper was presented at LESA’s Maintenance Enforcement Program: What Every Family Law Lawyer Should Know webinar on January 25, 2023.
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61874.00fUnilateral relocations by landlords can catch tenants by surprise and result in costly business interruptions and moving costs. This paper provides an overview of relocation clauses and highlights some considerations that should be made by landlords and tenants to mitigate and prevent possible risks. This paper was presented at LESA’s Family Law – Getting the Most Out of Your Experts program on April 27, 2013.
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61874.00dThis paper presents information on how psychologists can fulfill expert roles in the areas of separation, divorce, custody, family violence, and child abuse. Additionally, this paper also provides a list of key ethical guidelines that should be understood and followed by psychologists as well as a list of the typical components of a retainer agreement. This paper was presented at LESA’s Family Law – Getting the Most Out of Your Experts program on April 27, 2013.
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61874.00cIn this paper, the author addresses two topics: first, the useful role that legal tax counsel can play when dividing property in the context of a divorce or adult interdependent partner separation is addressed. Second, this paper provides a case study for the purpose of illustrating the structuring of an agreed upon division of matrimonial property. This paper was presented at LESA’s Family Law – Getting the Most Out of Your Experts program on April 27, 2013.
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61874.00bThis paper provides an overview of the Federal Child Support Guidelines. The author provides information regarding the various deductions permitted when determining a payor’s income and provides information on how to calculate the income of someone who is self-employed, a corporate shareholder or who has a low tax rate. Additionally, the author also discusses the spousal support advisory guidelines and the concept of double dipping. This paper was presented at LESA’s Family Law – Getting the Most Out of Your Experts program on April 27, 2013.
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61874.00aThis paper discusses the importance and benefits of retaining financial experts and business valuators for family law matters for both lawyers and clients. The role of financial experts, the approaches to value and valuation reports is discussed. In the conclusion, the author addresses the importance of creating and maintaining a well-developed relationship between lawyers and their experts. This paper was presented at LESA’s Family Law – Getting the Most Out of Your Experts program on April 27, 2013.
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62286.05This paper looks at legal tools that are available to help parties move forward after a Court has determined that domestic violence has occurred. It considers tools that exist in other jurisdictions and in Alberta legislation, with a view to helping Alberta lawyers be creative in crafting solutions. This paper is part of a collection presented at LESA’s Addressing Family Violence in Chambers program in Edmonton on November 25, 2022.
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62286.04These materials summarize recent cases dealing with family violence under the Family Law Act and the Divorce Act. They also explore cases of contact resistance (i.e. “alienation”) and situations involving PAFVA/restraining orders. Lastly, caselaw is considered on the emerging tort of family violence. This paper is part of a collection presented at LESA’s Addressing Family Violence in Chambers program in Edmonton on November 25, 2022.
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62286.03Family violence is prevalent, but it can be hard to prove. Credibility is often going to be the crux of the issue, especially if a person did not seek or was not successful in obtaining an Emergency Protection Order or if criminal charges were not laid. Evidentiary issues frequently arise as victims often do not keep proper records of the family violence. This paper is a practical “how to” guide on gathering and using evidence of family violence in court matters. This paper is part of a collection presented at LESA’s Addressing Family Violence in Chambers program in Edmonton on November 25, 2022.
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62286.02Family violence cases are complex, and many factors contribute to their complexity. In addition, the alleged perpetrator often makes a counter-allegation of alienating behaviour. When these matters come to Court, often with limited and generally contradictory evidence, what can the Court do? This paper explores these issues and provides options to consider when these matters arise. This paper is part of a collection presented at LESA’s Addressing Family Violence in Chambers program in Edmonton on November 25, 2022.
