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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.
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62286.01Legal matters that involve family violence are not easy situations for anyone involved. Understanding and keeping the legal principles regarding family violence will help lawyers navigate these difficult issues. This paper discusses the legal principles at play when dealing with Emergency Protection Orders and Restraining Orders. 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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62296.13This paper highlights some of the recent changes in the Divorce Act, RSC 1985, c 3 in the following areas: (1) definitions of custody/access, parenting orders, and spouses, (2) definition and requirements for relocation, (3) inclusion of best interest & family violence provisions. This paper is part of a collection presented at LESA’s Divorce Law for Legal Support Staff program in Edmonton on October 13, 2022, and in Calgary on October 19, 2022.
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62296.01This paper summarizes common divorce law concepts with a view to helping legal support staff bridge the legal requirements of files they’re working on in their day-to-day work. This paper is part of a collection presented at LESA’s Divorce Law for Legal Support Staff program in Edmonton on October 13, 2022, and in Calgary on October 19, 2022.
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62281.01This paper reviews the effect of the volatility in the price of oil and in the Alberta economy in spousal support awards in Alberta over the last five years. This paper was presented at LESA’s Up, Down, and All Around: Exploring Recent Spousal Support Cases in Alberta webinar on September 28, 2022.
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62259.06This paper provides case summaries of three cases: Association de médiation familiale du Québec v Bouvier, Mew v Mew, and Smith v Smith. It also includes some practical tips to deal with the question, “Should I cement or cool off at the end of a day of negotiation?”. This paper is part of a collection presented at LESA’s Advanced Negotiation Techniques for Family Lawyers program in Calgary on June 2, 2022 and in Edmonton on June 14, 2022
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62259.05Negotiation is the most common process for the resolution of family law conflict. This paper explores the natural tension in negotiation theory behind interest-based, rights-based, and competitive-based negotiations. This paper is part of a collection presented at LESA’s Advanced Negotiation Techniques for Family Lawyers program in Calgary on June 2, 2022 and in Edmonton on June 14, 2022.
