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62053.05This paper highlights the intersection of brain science and family law. The science on brain development suggests that unresolved conflict can have a significant impact on child development. This is compounded by challenges facing the current family justice system. The Reforming the Family Justice System [RFJS] initiative is a collaborative effort by the Alberta government, courts, and the Law Society of Alberta to address these challenges. This paper provides an introduction to the RFJS initiative and explains how the RFJS initiative is different in approach and scope from traditional access to justice initiatives. It also provides a brief discussion on how family law practice may be adapted to improve outcomes for families involved in legal proceedings. This paper is part of a collection presented at LESA’s 2017 Understanding the Brain – What Lawyers Need to Know program.
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62062.03Division of matrimonial property can often become more complicated when there is a family farm involved. This paper considers the application of the Matrimonial Property Act, RSA 2000, c M-8, to family farms. It discusses considerations for exemption claims for farms and sets out the matrimonial property division process. It also discusses property evaluation, including methodologies, valuation sources, and date of valuation. Additionally, tax considerations involved in dividing a family farm are highlighted, and settlement options are discussed. This paper is part of a collection presented at LESA’s Family Farm Issues in Red Deer on October 27, 2017 and in Lethbridge on November 3, 2017.
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62060.02This paper provides an overview of child support variation applications, including considerations to effectively apply for or defend against an application. It reviews the statutory jurisdiction of the court to vary child support, discusses procedural requirements to apply for or defend against an application to vary child support, and summarizes recent jurisprudence on varying child support in Alberta. The paper includes excerpts of legislation, practice notes, and other resources related to child support applications. This paper is part of a collection presented at LESA’s 7th Annual Law & Practice Update in Edmonton on October 20–21, 2017.
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62073.07This paper addresses how to properly arrange affairs to allow for successful claiming of the eligible dependent tax credit [EDTC]. It also provides advice for structuring separation agreements to maximize the potential available under the EDTC. The paper provides a brief fact pattern illustrating what a successfully structured EDTC looks like. Then, it sets out the limits of the EDTC, the requirements for it to succeed, and how the deduction functions. There is also a brief discussion on the family law implications of this process. Recent developments in the jurisprudence are also highlighted. This paper is part of a collection presented at LESA’s Family Law During Recessionary Times program in Calgary on October 4, 2017 and in Edmonton on October 11, 2017.
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62073.04This paper addresses how to properly arrange affairs to allow for successful claiming of the eligible dependent tax credit [EDTC]. It also provides advice for structuring separation agreements to maximize the potential available under the EDTC. The paper provides a brief fact pattern illustrating what a successfully structured EDTC looks like. Then, it sets out the limits of the EDTC, the requirements for it to succeed, and how the deduction functions. There is also a brief discussion on the family law implications of this process. Recent developments in the jurisprudence are also highlighted. This paper is part of a collection presented at LESA’s Family Law During Recessionary Times program in Calgary on October 4, 2017 and in Edmonton on October 11, 2017.
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62073.03Creative and cooperative approaches to tax issues can increase the amount of funds retained by separating couples. This paper discusses tax tips to help separating couples net additional funds. Opportunities discussed include bringing a claim for retroactive spousal support, withdrawing from registered retirement savings plans, and using available capital losses accumulated in prior years to eliminate some or all of the associated income tax liability from selling investments to access cash. This paper is part of a collection presented at LESA’s Family Law During Recessionary Times program in Calgary on October 4, 2017 and in Edmonton on October 11, 2017.
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62042.11Canada’s aging population not only poses a number of problems in the economic and social spheres, but the family justice system is impacted as well. This paper examines age and other characteristics of the Canadian population, recent trends in divorce and remarriage, and the economic consequences of separation later in life. A number of legal issues surrounding later-in-life divorces are addressed, including the conflicting property interests of new spouses and adult children from previous marriages, the possibility that payors subsisting on fixed incomes may have concurrent support obligations to more than one spouse, and the divisibility of old age pensions and other public benefits. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.
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62042.12This paper aims to aid those seeking to understand the framework through which inter-jurisdictional parental disputes over custody are resolved within Canada and internationally. A number of complexities arising from the non-consensual cross-border relocation of children are analyzed, including whether the parents are married or not, the inconsistency of provincial laws, the interpretations of key provisions, what happens when a foreign respondent disputes jurisdiction, and the relevance of The Hague Convention. Combining elements of family, enforcement, and international law, this paper provides a succinct yet detailed overview of the various issues that arise in the context of inter-jurisdictional custody disputes. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.
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62042.10It is established law that a lawyer for parents in family cases has important ethical duties to both their clients and the administration of justice, but what about towards the children of their adult clients? This paper focuses on addressing the unique ethical issues related to the practice of family law in general and towards children of adult clients in particular. Issues addressed include what duties do family lawyers have towards children, when do these duties arise and how are they carried out, and how are competing duties between adult clients and their children appropriately balanced? Relevant legislation, the common law, codes of conduct, and regulations are canvassed throughout the paper as part of the examination of these issues. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.
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62042.09This paper identifies select case law from 2016 and 2017 that have particular significance for family law practitioners. It provides a detailed case analysis of each decision, including a discussion of the potential impact and importance of each case. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.
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62037.07This paper reviews the operation, policies, and processes of the Maintenance Enforcement Program [MEP], and identifies what MEP can and cannot do. This paper also provides tips for preparing enforceable orders and discusses the administration of an order once registered with MEP. Additionally, it reviews important MEP policy changes from 2016. This paper is part of a collection presented at LESA’s Family Law: Chambers Advocacy and Practice Pointers program in Red Deer on April 21, 2017.
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62037.06This paper discusses family law chambers applications for child support and the Child Support Recalculation Program [RP]. It provides an overview of the RP, including registration, income information, eligibility, timing of recalculations, and dealing with self-employment. It also highlights RP-related case law. Additionally, this paper discusses child support applications and child support variation applications, as well as drafting child support orders. Bringing a chambers application to object to a recalculation decision is also discussed. This paper is part of a collection presented at LESA’s Family Law: Chambers Advocacy and Practice Pointers program in Red Deer on April 21, 2017.
