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Surveying recent Alberta jurisprudence, this paper provides an update on parenting issues. Topics include: Practice Note 2 and clarification on what can and cannot occur in regular family chambers; how courts have addressed COVID-19 factors; mobility; shared parenting; supervised parenting; reversal of custody cases; and the stay of enforcement test for parenting decisions. This paper was presented at LESA’s Family Law Update Part 1 – Parenting and Children webinar on November 20, 2020.
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While core concepts relating to the law of child support and spousal support may be straightforward, overlooking important considerations could impact clients in ways that family lawyers do not anticipate. This paper canvasses seven core fundamentals family counsel should keep in mind when analyzing their clients’ right to claim support or their respective liability for support.
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This paper provides some background on the intersection of family violence and family law, particularly parenting issues, and your obligations to your client. It also highlights recent amendments to the Divorce Act that touch on family violence.
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This paper reviews key factors and ethical issues that lawyers must consider when preparing, drafting, and advising clients on cohabitation agreements.
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This paper surveys current court processes for family law matters at the Alberta Court of Queen’s Bench and Alberta Provincial Court (as of January 2021). It also provides a helpful overview of procedural requirements for various types of applications and court documents.
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This paper examines common issues and struggles in assembling family property tables and what lawyers can do to ease associated difficulties. It offers practical suggestions to facilitate the equalization and distribution of family property.
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2020 marks the 10-year anniversary since the implementation of the Child Support Recalculation Program in Alberta. The impact of the ongoing COVID-19 pandemic and other economic factors have resulted in significant income decreases for many Canadians. Review recent case law and consider possible solutions to protect clients. This paper was presented at LESA’s Family Law Updates Part 2: Financial Affairs webinar on November 27, 2020.
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The cost incurred by a client to have legal counsel negotiate a settlement under threat of pending litigation can be substantial. This paper addresses important considerations for lawyers when making applications for costs in the context of family law in Alberta. It also addresses matters involving self-represented litigants who either advance claim for costs or have costs awarded against them. This paper was presented at LESA’s Family Law Updates Part 2: Financial Affairs webinar on November 27, 2020.
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The bankruptcy regime and the matrimonial/family property and support regimes were not designed with each other in mind. There have been calls for reform, and the case law has attempted to fill the void. This paper provides a summary of the existing law in Alberta and a commentary on certain unresolved issues. This paper was presented at LESA’s Family Law Updates Part 2: Financial Affairs webinar on November 27, 2020.
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Building on a 2007 LESA paper called Section 8 Factors, Fairness and Fruit of the Marriage Tree, this paper provides a timely update on the challenges lawyers and clients face when dividing family property. Topics include: the presumption of 50/50 sharing in s 7(4), exempt property in s 7(2), ‘just and equitable’ property in s 7(3), settlement (ss 37-38), increases in the value of exempt property, debt and exemptions, valuation date, retroactive and interim support, and pension division. This paper was presented at LESA’s Family Property Act and Fruit of the Marriage Tree 2021 Update webinar on March 23, 2021.
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When dealing with child welfare matters, it is important to consider the requirements imposed by section 4 of the Children, Youth, and Family Enhancement Act (CYFEA), the interplay of section 39 of the CYFEA and section 23(5.1) of the Family Law Act, requests for information under section 126 of the CYFEA, and the proposed provisions of Bill C92 (An Act respecting First Nations, Inuit, and Métis children, youth and families). This paper was presented at LESA’s Family Law Update Part 1 – Parenting and Children webinar on November 20, 2020.
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