Author Archives: Scott Kurie

How to Coparent During The Summer Holidays: Tips and Guidelines

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Co-parenting during the summer holidays can be a challenging experience, especially if you and your ex-partner have different ideas about how to spend time with your children. However, with some careful planning and communication, it is possible to make the most of this time and ensure that your children have a happy and fulfilling summer.

One of the first steps to successful co-parenting during the summer is to establish clear expectations and boundaries with your ex-partner. This may include discussing your individual schedules, making plans for family vacations, and deciding on how to handle unexpected events that may arise.

How to Coparent in AlbertaCo-parenting during summer holidays can be challenging, especially if you and your co-parent have different schedules or parenting styles. However, it is important to prioritize your children’s needs and work together to create a positive and supportive co-parenting relationship. Here are some tips for understanding co-parenting:

Another important aspect of co-parenting during the summer is to prioritize the needs and interests of your children. This may mean setting aside personal differences and working together to create a fun and engaging summer experience for your children, whether that involves outdoor activities, summer camps, or family trips. By putting your children’s needs first, you can help to create a positive and supportive co-parenting relationship that benefits everyone involved.

Understanding Co-Parenting

  • Communication is key: Effective communication is essential for successful co-parenting. It is important to keep each other informed about your schedules, activities, and any changes that may affect your children. Use clear and respectful language, and avoid criticizing or blaming your co-parent.
  • Put your children first: Co-parenting is about putting your children’s needs first. This means making decisions that are in their best interests, even if they are not always convenient or easy for you. Focus on creating a stable and consistent routine for your children, and try to maintain similar rules and expectations in both households.
  • Respect each other’s parenting styles: You and your co-parent may have different parenting styles, but that doesn’t mean one is better than the other. Respect each other’s choices and decisions, and avoid criticizing or undermining each other in front of your children.
  • Be flexible: Co-parenting requires a certain level of flexibility, especially during summer holidays when schedules may change frequently. Be willing to compromise and work together to find solutions that work for everyone.
  • Seek professional help if needed: If you are struggling with co-parenting, don’t hesitate to seek professional help. A mediator or therapist can help you and your co-parent communicate effectively and work through any issues or conflicts.

Remember, co-parenting is a process, and it takes time, patience, and effort from both parties to make it work. By focusing on your children’s needs and working together, you can create a positive and supportive co-parenting relationship that benefits everyone involved.

Legal Aspects of Co-Parenting

Co-parenting during summer holidays can be a challenging task, especially when it comes to legal aspects. Here are some key points to consider:

Family Law

Family law in Alberta governs the rights, obligations, and responsibilities of parents towards their children. It outlines the legal framework for custody, access, and child support. The Family Law Act in Alberta provides guidance on how to make decisions in the best interests of the child.

Custody

Custody refers to the legal right to make decisions about a child’s upbringing. In Alberta, there are two types of custody: sole custody and joint custody. Sole custody means one parent has the exclusive right to make decisions about the child’s upbringing, while joint custody means both parents share decision-making responsibilities.

Courts

If co-parents are unable to agree on custody and access arrangements, they may have to go to court. The court will consider the best interests of the child when making a decision. It’s important to note that custody battles can be emotionally and financially draining.

Legal Advice

It’s always a good idea to seek legal advice from a family law attorney. They can provide guidance on your legal rights and obligations. They can also help you negotiate a custody agreement that works best for you and your child.

Parental Alienation

Parental alienation occurs when one parent undermines the relationship between the child and the other parent. This can be detrimental to the child’s emotional well-being. If you suspect parental alienation, it’s important to seek legal advice from a child custody attorney.

Co-parenting during summer holidays can be challenging, but understanding the legal aspects can make it easier. Keep in mind that the best interests of the child should always be the top priority.

Planning for Summer Holidays

Summer holidays can be a fun and exciting time for children, but they can also be a source of stress for co-parents. To ensure that your children have a happy and stress-free summer, it is important to plan ahead and communicate effectively with your co-parent.

Start by reviewing your parenting plan and holiday schedule to determine when each parent will have parenting time during the summer. If your parenting plan does not include a holiday parenting schedule, you should work with your co-parent to create one that outlines each parent’s parenting time during the holiday season.

Once you have a holiday parenting schedule in place, you can begin planning your family vacations and other summer activities. Be sure to communicate your plans with your co-parent and try to coordinate your schedules as much as possible to avoid conflicts.

If your children are old enough, involve them in the planning process. Ask them what activities they would like to do and try to incorporate their ideas into your plans. This will not only make your children feel more involved, but it can also help to reduce conflict between co-parents.

Remember, the key to successful co-parenting during the summer holidays is communication and planning. By working together and being flexible, you can ensure that your children have a fun and stress-free summer.

Handling Stress and Mental Health

Co-parenting during summer holidays can be stressful and challenging, especially if you are dealing with mental health issues. Here are some tips to help you handle stress and maintain your mental health:

  • Communicate with your co-parent: Communication is key to successful co-parenting. Discuss your concerns and expectations with your co-parent and come up with a plan that works for both of you. This can help reduce stress and anxiety.
  • Take care of yourself: Self-care is important for your mental health. Make sure you are getting enough sleep, eating healthy, and exercising regularly. Take time for yourself to do things you enjoy, such as reading, taking a walk, or meditating.
  • Seek support: Don’t be afraid to reach out for help if you are struggling with stress or mental health issues. Talk to a trusted friend or family member, or consider seeing a therapist or counselor.
  • Stay organized: Being organized can help reduce stress and make co-parenting easier. Use a calendar or scheduling app to keep track of your child’s activities and appointments, and make sure you and your co-parent are on the same page.
  • Stay positive: Focus on the positive aspects of co-parenting and try to maintain a positive attitude. This can help reduce stress and make the experience more enjoyable for everyone involved.

Remember, co-parenting during summer holidays can be challenging, but with the right mindset and strategies, you can make it a positive experience for you and your child.

Navigating Family Traditions and Gift-Giving

When co-parenting during the summer holidays, it is important to navigate family traditions and gift-giving in a respectful and fair manner. Here are some tips to help you navigate this potentially tricky area:

  • Discuss with your co-parent in advance what family traditions you each have and how you can accommodate them. This can include things like attending religious services, hosting family dinners, or participating in cultural events. By planning ahead, you can ensure that both parents and children can participate in these important events.
  • When it comes to gift-giving, it can be helpful to set a budget and agree on what types of gifts are appropriate. This can prevent one parent from feeling like they need to outdo the other with expensive gifts, and can also ensure that gifts are age-appropriate and in line with family values.
  • Consider creating new traditions with your children. This can be a fun way to bond and create new memories, especially if previous family traditions are no longer possible or practical.
  • Be mindful of the fact that some children may feel torn between two households during the holidays. Encourage them to express their feelings and reassure them that they are loved by both parents.

By following these tips, you can help ensure that family traditions and gift-giving are a positive part of your co-parenting relationship during the summer holidays.

Maintaining Flexibility and Compromise

When it comes to co-parenting during summer holidays, maintaining flexibility and compromise is key. While it may be tempting to stick to a strict schedule, it’s important to remember that unexpected events can arise that may require changes to the agreed-upon plan.

One way to maintain flexibility is to create a general outline of the summer schedule rather than a specific day-to-day plan. This allows for some wiggle room in case of unforeseen circumstances. Additionally, it’s important to communicate with your co-parent and be open to negotiating changes to the schedule as needed.

If you do need to make changes, consider using a mediator to help facilitate the conversation. A mediator can help keep the conversation on track and ensure that both parties are being heard and understood.

Compromise is also essential in co-parenting during the summer. This may mean being willing to give up some of your own time with your child in order to accommodate your co-parent’s schedule. It’s important to keep in mind that the ultimate goal is to provide the best possible experience for your child.

Overall, maintaining flexibility and compromise is crucial in successful co-parenting during the summer months. By being open to negotiation and willing to make changes as needed, you can create a positive and enjoyable experience for your child.

Fostering Kindness and Respect

When co-parenting during summer holidays, it’s crucial to foster kindness and respect between all parties involved. This includes not only the co-parents but also the children and teenagers.

One way to foster kindness is by encouraging open communication. Encourage your children to express their feelings and opinions about the summer holiday plans. Listen to what they have to say and take their thoughts into consideration when making plans.

Another way to foster kindness is by modelling respectful behaviour. When communicating with your co-parent, make sure to speak respectfully and avoid negative language or criticism. This will set a positive example for your children and teenagers and encourage them to treat others with kindness and respect.

It’s also important to set boundaries and expectations for behaviour during summer holidays. Discuss with your co-parent what is and isn’t acceptable behaviour and make sure your children and teenagers are aware of these expectations. This will help prevent conflicts and promote a positive atmosphere for everyone involved.

Overall, fostering kindness and respect during summer holidays is essential for creating a positive co-parenting experience. By encouraging open communication, modelling respectful behaviour, and setting clear boundaries, you can help ensure a happy and peaceful summer for all involved.

Conclusion

Co-parenting during the summer holidays in Alberta can be a challenging task, but with proper planning, communication, and cooperation, you can make it work for everyone involved. Remember that the well-being of your children should always come first, and it is your responsibility to provide them with a safe and enjoyable summer experience.

Here are some key takeaways to keep in mind:

  • Start planning early and communicate effectively with your co-parent to avoid conflicts and misunderstandings.
  • Create a summer schedule that works for everyone, including your children’s activities, vacations, and other commitments.
  • Be flexible and willing to compromise when necessary, but also respect your co-parent’s boundaries and expectations.
  • Make sure that your children’s needs are met, including their physical, emotional, and social well-being.
  • Consider using a co-parenting app or software to help you stay organized and communicate more efficiently.
  • Seek professional help if you are struggling with co-parenting issues or conflict.

By following these tips, you can make the most of your summer co-parenting experience and create lasting memories with your children. Remember that co-parenting is a journey, and it takes time, effort, and patience to make it work. But with the right mindset and approach, you can overcome any challenges and provide your children with the love and support they need.

At Kurie Moore Law Group, we believe in promoting healthy co-parenting relationships that prioritize the well-being of children. If you require legal guidance or assistance regarding co-parenting matters, our dedicated team is here to support you. Contact us at reception@kurielaw.ca to learn more.

What Sentences Can a Young Person Receive in Alberta?

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If you or someone you know is a young person who has been accused or found guilty of breaking the law in Alberta, you may be wondering what kind of sentences a young person can receive. The Correctional Services division oversees young persons who are serving a sentence in a youth custody facility or sentenced to community sentences.

The Youth Criminal Justice Act (YCJA) creates a separate legal system for youths. The reason for this is that young people are particularly vulnerable, less mature, and have a reduced capacity for moral judgment.

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“Sentences for young persons can vary depending on the severity of the crime committed. Many youth sentences are the same as adult sentences, including discharges (both absolute and conditional), fines, probation, and imprisonment.”

However, there are also several sentences that are specific to young people under the YCJA. They include a reprimand, where the judge can give a reprimand to the young person, and a referral to a community program.

The latter is where the young person is referred to a community program that is designed to address the underlying causes of their criminal behavior, such as addiction or mental health issues.

It is important to note that the YCJA emphasizes rehabilitation and reintegration into society, rather than punishment. The goal is to prevent future criminal behavior by addressing the root causes of the behavior and providing young persons with the skills and support they need to make positive changes in their lives. If you or someone you know is facing criminal charges as a young person in Alberta, it is important to seek legal advice and understand the options available for sentencing.

Overview of the Youth Criminal Justice System

If you are a young person who has been accused of an offence in Alberta, you will be dealt with under the Youth Criminal Justice Act (YCJA). The YCJA is a federal law that sets out the rules and principles for dealing with young people who are accused of criminal offences. The purpose of the YCJA is to protect the public by holding young people accountable for their actions while promoting their rehabilitation and reintegration into society.

The Youth Criminal Justice Act

The YCJA applies to young people who are between the ages of 12 and 17 at the time of the offence. If you are under 12, you cannot be charged with a criminal offence in Canada. If you are 18 or older, you will be dealt with under the Criminal Code of Canada.

The YCJA sets out the principles that guide the youth justice system, including the principle of diminished moral blameworthiness, which recognizes that young people may not fully understand the consequences of their actions. The YCJA also emphasizes the importance of rehabilitation, reintegration, and community support for young people who are in conflict with the law.

The Youth Justice Court

If you are accused of an offence, you will appear in the youth justice court. The youth justice court is a specialized court that deals with young people who are accused of criminal offences. The court is designed to be less formal and intimidating than adult court, and it takes into account the unique needs and circumstances of young people.

At the youth justice court, you will have the right to a lawyer, and you will be presumed innocent until proven guilty. You will also have the right to a trial, where the crown must prove beyond a reasonable doubt that you committed the offence. If you are found guilty, you may receive a youth sentence, which can include custody and supervision orders, community service, fines, or other conditions.

In conclusion, the youth criminal justice system in Alberta is designed to hold young people accountable for their actions while promoting their rehabilitation and reintegration into society. If you are a young person who has been accused of an offence, you will be dealt with under the Youth Criminal Justice Act and will appear in the youth justice court. It is important to understand your rights and the consequences of your actions, and to seek support and advice from a lawyer, your parents, or a youth worker.

Types of Sentences for Young Persons in Alberta

When a young person is found guilty or pleads guilty to a criminal offense, the youth court must determine the appropriate sentence. There are different types of sentences that a young person can receive in Alberta, depending on the circumstances of the offense and the young person’s age.

Youth Sentence

A youth sentence is a sentence that is specific to young people under the Youth Criminal Justice Act (YCJA). The YCJA creates a separate legal system for youths because young people are particularly vulnerable, less mature, and have a reduced capacity for moral judgment. Youth sentences are designed to protect the public, hold young people accountable for their actions, and rehabilitate them.

Youth sentences can include:

  • Community service
  • Intensive support and supervision
  • Probation
  • Custody and supervision order
  • Intensive rehabilitative custody and supervision order
  • Fine
  • Restitution
  • Conditional discharge
  • Absolute discharge
  • Reprimand

Adult Sentence

In some cases, a young person may receive an adult sentence. This can happen if the young person is 14 years of age or older and is convicted of a serious violent offense, such as manslaughter or aggravated sexual assault. Adult sentences are the same as adult sentences under the Criminal Code of Canada.

Adult sentences can include:

  • Imprisonment
  • Fine
  • Probation
  • Conditional sentence
  • Restitution

If a young person receives an adult sentence, they will have a criminal record and may face more severe consequences in the future.

Before sentencing, the court may require a pre-sentence report to be prepared by a probation officer. The report provides information about the young person’s background, circumstances, and needs, as well as recommendations for sentencing options.

It is important to note that the purpose of sentencing under the YCJA is not to punish the young person, but to protect society and rehabilitate the young person. The principles of the YCJA include proportionality, diminished moral blameworthiness, and reintegration.

If you are a young person facing a criminal charge, it is important to seek advice from a lawyer or legal aid office. Your parents or guardians can also support you through the youth justice process, and you may be eligible for education, mental health, or addictions treatment while in custody or under community supervision.

Factors Considered in Sentencing Young Persons

When a young person is sentenced in Alberta, the court considers several factors to determine the appropriate sentence. These factors include:

Age

The age of the young person is an important consideration in sentencing. The court must take into account the young person’s level of maturity and ability to understand the consequences of their actions.

Culpability

The court will also consider the young person’s level of culpability, or responsibility, for the offence. For example, a young person who was coerced or pressured into committing an offence may have a lower level of culpability than one who acted on their own.

The Nature and Severity of the Offence

The nature and severity of the offence are important factors in determining the appropriate sentence. More serious offences will generally result in more severe sentences.

The Young Person’s Criminal Record

The young person’s criminal record is also considered in sentencing. A young person with a history of criminal behaviour may receive a more severe sentence than one who has no prior record.

The Young Person’s Character and Circumstances

The court will consider the young person’s character and circumstances when determining the appropriate sentence. Factors such as the young person’s family background, education, and employment history may be taken into account.

The Principle of Restorative Justice

Finally, the court will consider the principle of restorative justice in sentencing. This principle emphasizes repairing the harm caused by the offence and rehabilitating the young person, rather than simply punishing them.

Overall, the court will consider these factors in determining the appropriate sentence for a young person in Alberta.

Frequently Asked Questions

What are the maximum sentences for youth in Alberta?

The maximum sentences for youth in Alberta are determined by the Youth Criminal Justice Act (YCJA). The YCJA recognizes that young people are still developing and have a greater capacity for rehabilitation than adults. As such, the maximum sentences for youth are generally shorter than those for adults. For example, the maximum sentence for a first-degree murder conviction for a youth is 10 years, compared to life imprisonment for an adult.

What are the options for sentencing under the Youth Criminal Justice Act?

The YCJA provides a range of options for sentencing youth who have been found guilty of a crime. These options include custodial sentences, community-based sentences, and extrajudicial sanctions programs. The goal of the YCJA is to promote rehabilitation and reintegration into society, rather than punishment.

What is the role of extrajudicial sanctions programs in youth sentencing?

Extrajudicial sanctions programs are an alternative to traditional court proceedings for youth who have committed minor offenses. These programs involve a meeting between the young offender, their parents or guardians, and a trained facilitator. The group works together to identify the harm caused by the offense and develop a plan to repair that harm. The goal of extrajudicial sanctions programs is to promote accountability and responsibility, while avoiding the negative consequences of a criminal record.

What are the legal rights of young offenders in Alberta?

Young offenders in Alberta have the same legal rights as adult offenders, including the right to legal counsel, the right to a fair trial, and the right to appeal a conviction. However, the YCJA also recognizes that young people have unique needs and vulnerabilities, and provides additional protections for young offenders. For example, young offenders have the right to have their case heard in private, and to have their identity protected.

What groups work with young offenders to reintegrate them into society?

There are a number of groups in Alberta that work with young offenders to help them reintegrate into society. These groups include probation officers, social workers, and community-based organizations. The focus is on providing support and resources to help young offenders address the underlying issues that led to their criminal behavior, such as mental health, addiction, or lack of education or employment opportunities.

Do mandatory minimum sentences apply to youth in Canada?

Yes, mandatory minimum sentences do apply to youth in Canada. However, the YCJA provides some flexibility in sentencing, and judges are required to take into account the unique circumstances of each case and the individual needs of the young offender. The goal is to ensure that the sentence is proportionate to the offense and to promote rehabilitation and reintegration into society.

Divorce in Alberta: How to Get One Without Your Spouse’s Consent

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If you are considering getting a divorce in Alberta, you may be wondering whether you can do so without your spouse’s consent. The answer is yes, but only under certain circumstances. Alberta’s divorce laws require that you have grounds for divorce, and one of those grounds is the breakdown of the marriage. If you can prove that your marriage has broken down irreparably, you may be able to get a divorce without your spouse’s consent.

To prove the breakdown of the marriage, you must show that you and your spouse have been separated for at least one year or that your spouse has committed adultery or cruelty. If you can provide evidence of one of these grounds, you may be able to get a divorce without your spouse’s consent. However, it is important to note that the process can be complicated, and it is recommended that you seek the advice of a lawyer to ensure that your rights are protected throughout the process.

Going through a divorce can be a difficult and emotional process, and it is important to understand your rights and obligations under the law. In addition to the grounds for divorce, you will need to consider issues such as custody, support, and division of property. The court will make decisions about these issues based on the best interests of the children and the needs of the parties involved. With the help of a lawyer, you can navigate the legal system and ensure that your interests are protected throughout the divorce process.

Can You Get a Divorce Without Your Spouse’s Consent in Alberta?

If you want to get a divorce in Alberta, but your spouse does not consent, you may still be able to proceed with the divorce under certain circumstances. In this section, we will discuss the basics of divorce in Alberta, grounds for divorce, uncontested and contested divorce, and substituted service.

The Basics of Divorce in Alberta

In Alberta, divorce falls under the jurisdiction of the federal government, and the legal process is governed by the Divorce Act. To get a divorce, you must first meet the eligibility requirements, which include being a resident of Alberta for at least one year and having grounds for divorce.
Grounds for Divorce

There are three legally accepted grounds for divorce in Alberta, according to the Divorce Act: separation, adultery, and cruelty. Separation is the most common ground for divorce, and it requires that you and your spouse have lived apart for at least one year. Adultery involves one spouse cheating on the other, while cruelty can be either physical or mental.

Uncontested Divorce
An uncontested divorce is one where both spouses agree to the divorce and the terms of the divorce settlement. This can include issues such as child custody, spousal support, and division of assets. An uncontested divorce can be a faster and less expensive option than a contested divorce.

Contested Divorce
A contested divorce is one where the spouses cannot agree on the terms of the divorce settlement. This can lead to a lengthy and expensive legal battle, where a judge will make the final decision on issues such as child custody, spousal support, and division of assets.

Substituted Service
If you cannot locate your spouse, you may be able to proceed with the divorce by using substituted service. This involves providing evidence to the court that you have made reasonable efforts to locate your spouse, but have been unsuccessful. The court may then allow you to serve your spouse with the divorce papers by alternate means, such as through a family member or by publishing a notice in a newspaper.

In conclusion, getting a divorce without your spouse’s consent in Alberta is possible under certain circumstances. However, it is important to seek legal advice and understand your options before proceeding with the divorce process.

Property Division.

When it comes to divorce, property division can be a major issue. In Alberta, the Matrimonial Property Act (MPA) governs the division of assets and property for legally married spouses. The MPA identifies what is considered property as well as what is exempt from distribution of assets upon the dissolution of a marriage.

Under the MPA, property is divided equally between spouses unless there is a good reason not to do so. This means that each spouse is entitled to half of the value of all property acquired during the marriage, including the family home, vehicles, bank accounts, investments, and other assets. However, certain types of property may be exempt from division, such as gifts or inheritances received by one spouse.

It is important to note that property division only applies to legally married couples. If you are in a common-law relationship, the rules are different. In Alberta, common-law couples are not subject to the MPA. Instead, the Family Property Act (FPA) applies to them. Under the FPA, property is divided based on ownership and contribution, rather than equally.

If you and your spouse are unable to agree on how to divide your property, a court may be required to make a decision. In this case, it is important to seek legal advice to ensure that your rights and interests are protected. A lawyer can help you navigate the complex process of property division and ensure that you receive a fair share of the assets.

In summary, property division is an important issue in divorce cases in Alberta. The MPA governs property division for legally married couples, while the FPA applies to common-law couples. If you are unable to agree on how to divide your property, it may be necessary to seek legal advice and assistance.

Child Custody and Support

When it comes to child custody and support, it is important to note that getting a divorce without your spouse’s consent does not exempt you from your obligations as a parent. In Alberta, the court’s primary concern is the best interests of the child, and this will be the main factor considered when making decisions about custody and support.

If you have children and are seeking a divorce without your spouse’s consent, you will need to file a Statement of Claim for Divorce and include a proposed parenting plan. This plan should outline how you intend to care for your children and how you plan to share parenting responsibilities with your spouse.

If you and your spouse cannot agree on a parenting plan, the court may order a custody assessment to be conducted. This assessment will involve a social worker or psychologist meeting with you, your spouse, and your children to assess the best interests of the child and make recommendations for custody and parenting arrangements.

In terms of child support, both parents are responsible for financially supporting their children. The court will consider a number of factors when determining the amount of child support to be paid, including the income of each parent, the number of children, and the parenting arrangements.

It is important to note that child support and child custody are separate issues, and one parent cannot withhold access to the children if the other parent is not paying child support. If your spouse stops paying child support, you will need to take them to court to resolve the matter.

Overall, navigating child custody and support can be a complex and emotional process, but it is important to prioritize the best interests of your children and work toward a parenting plan that works for everyone involved.

Spousal Support

If you are considering getting a divorce in Alberta, you may be wondering if you or your spouse will be entitled to spousal support, also known as alimony. Spousal support is financial assistance paid by one spouse to the other after a divorce or separation. It is usually paid by the higher-earning spouse to the lower-earning spouse, and its purpose is to help the lower-earning spouse maintain their standard of living after the divorce.
In Alberta, spousal support is not automatic, and it is not a right. Whether or not you or your spouse will be entitled to spousal support will depend on a variety of factors, including:

  • The length of the marriage or relationship
  • The roles each spouse played during the marriage or relationship
  • The income and earning potential of each spouse
  • The age and health of each spouse
  • The needs of each spouse
  • The standard of living during the marriage or relationship
  • Any agreements made between the spouses

If you or your spouse is entitled to spousal support, the amount and duration of the support will depend on the specific circumstances of your case. In Alberta, there are no set formulas or guidelines for calculating spousal support, so it is important to work with a lawyer to determine what is fair and reasonable in your case.

It is important to note that spousal support is not a punishment or a reward. Its purpose is to help the lower-earning spouse maintain their standard of living after the divorce. If you are the higher-earning spouse, you should not view spousal support as a burden or an unfair obligation. Instead, you should approach it as a way to help your former spouse get back on their feet after the divorce.

In conclusion, spousal support is an important issue to consider when getting a divorce in Alberta. Whether or not you or your spouse will be entitled to spousal support will depend on a variety of factors, and the amount and duration of the support will depend on the specific circumstances of your case. If you are considering getting a divorce in Alberta, it is important to work with a lawyer to ensure that your rights are protected and that you receive a fair and reasonable settlement.

Conclusion

In conclusion, getting a divorce without your spouse’s consent in Alberta is possible, but it can be a complicated and lengthy process. The first step is to attempt to notify your spouse formally about the proceedings. If you cannot locate your spouse, you can still file for divorce, but it may take longer.

It is important to note that there are specific grounds for getting a divorce in Canada, including adultery, cruelty, and separation for at least one year. If you can prove one of these grounds, a judge may grant you a divorce even if your spouse does not consent.

It is also important to understand that property division in Alberta is based on “equitable distribution,” which means it may not be a 50/50 split. Spouses may agree on an asset split that is not equal, and most divorce cases end up in court.

If you are considering getting a divorce without your spouse’s consent in Alberta, it is recommended that you seek the advice of a family law lawyer. Kurie Moore Law Group is a family law firm located in Sherwood Park, Alberta. We specialize in guiding married and common-law couples through the details of ending a relationship, including divorce.

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Navigating Common Family Law Issues in Alberta: Property, Spousal, and Child Support

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If you are going through a family law case in Alberta, you may be facing common issues such as property division, spousal support, and child support. These issues can be complicated and emotionally charged, making it crucial to have a clear understanding of your rights and obligations under the law.

When it comes to property division, Alberta law sets out specific rules for dividing property between married couples and unmarried partners. Recent changes to the law mean that unmarried partners now have clearer guidelines for dividing property if their relationship breaks down. However, disputes can still arise, especially when it comes to dividing complex assets such as businesses or pensions.

Spousal support is another common issue in family law cases. This type of support aims to help even out the financial disparity between partners after separation or divorce. The amount and duration of spousal support can vary widely depending on factors such as the length of the relationship, each partner’s income, and their ability to earn income in the future. Child support is also a crucial issue, as it ensures that children’s basic needs are met after their parents separate or divorce.

Property Division

In Alberta, family law cases often involve the complex issue of property division. The Family Property Act and the Adult Interdependent Relationships Act are the two primary pieces of legislation that govern property division for married and unmarried couples, respectively.

The Family Property Act applies to married couples and outlines the process for dividing property equitably between spouses. Typically, an equal division of property is sought, but there are circumstances in which an unequal division may be deemed more fair. Property subject to division can include real estate, personal property, and even debts.

On the other hand, the Adult Interdependent Relationships Act pertains to unmarried couples who have either lived together for a minimum of three years or have entered into an adult interdependent partner agreement. This act also governs the division of property in these relationships, ensuring that both parties are treated fairly.

It is important to recognize that there are specific exemptions from property division under both acts. These exemptions may include property owned by one spouse before the relationship, gifts received from third parties, and life insurance policy proceeds. These exemptions aim to protect certain assets from being unfairly divided.

Property division in family law cases can be particularly challenging and contentious when significant assets are involved. Given the intricacies of the legal process and the potential for disputes, it is highly recommended that individuals seek the guidance of a family lawyer. A knowledgeable attorney can help protect your rights and ensure that the division of property is carried out in a fair and equitable manner.

Spousal Support

If you are going through a divorce or separation in Alberta, you may be wondering about spousal support. Spousal support is financial assistance paid by one spouse to the other after the breakdown of a marriage or common-law relationship. The purpose of spousal support is to help the recipient spouse become financially self-sufficient. In Alberta, spousal support is calculated based on a number of factors, including but not limited to:

  • The financial means and needs of both spouses
  • The length of the marriage
  • The roles of each spouse during their marriage
  • The effect of those roles and the breakdown of the marriage on both spouses’ current financial positions

When determining spousal support, the Court will first look to the objectives of a support order serving, as set out in section 15.2 (6) of the Divorce Act, including:

  • Relief of Economic Hardship Arising from the Breakdown of the Marriage
  • Promotion of the Economic Self-Sufficiency of the Spouses
  • Conditions, Means, and Needs of the Spouses

It is important to note that spousal support is not automatic and is not guaranteed in every case. The amount and duration of spousal support will depend on the specific circumstances of each case. If you are seeking spousal support or if you are being asked to pay spousal support, it is important to consult with a family law lawyer who can advise you on your rights and obligations.

Child Support

Fort Saskatchewan Family LawyerChild support is an important issue in family law cases involving children. The amount of child support that must be paid by one parent to the other is determined by the Child Support Guidelines, which are based on the income of the paying parent and the number of children involved.

The Guidelines provide a formula for calculating the amount of child support that must be paid, and this formula takes into account the income of the paying parent, the number of children involved, and the province in which the paying parent resides.

If parents have more than one child and each parent has at least one child for at least 60% of their time, this is known as “split custody.” In this case, the amount of child support that must be paid is calculated separately for each child, and the paying parent may end up paying child support to the other parent.

Finally, “shared custody” applies when a child spends at least 40% of their time with each parent. In this case, the amount of child support that must be paid is reduced to reflect the fact that the child spends a significant amount of time with each parent.

It is important to note that child support is the right of the child, not the parent, and therefore cannot be waived or negotiated away by the parents. The amount of child support that must be paid can only be changed if there is a significant change in the income of the paying parent or the needs of the child. If you are the parent who is paying child support, it is important to keep accurate records of your income and expenses so that you can demonstrate any changes in your financial circumstances that may affect the amount of child support that you are required to pay.

How We Can Help

If you are facing a family law matter in Alberta, it is important to have a knowledgeable and experienced lawyer on your side. The Kurie Moore Law Group based in Sherwood Park can provide you with the legal guidance and representation you need to navigate the complexities of family law.

Our team of family law experts can assist you with a variety of legal issues, including property division, spousal support, and child support. We understand that these matters can be emotionally charged and stressful, which is why we strive to provide compassionate and personalized legal services to our clients.

At Kurie Moore Law Group, we believe in taking a collaborative and proactive approach to family law cases. We work closely with our clients to understand their unique needs and goals, and we develop customized legal strategies to achieve the best possible outcome for them.

Whether you are going through a divorce, separating from your partner, or dealing with other family law issues, we are here to help. Contact us today to schedule a consultation and learn more about how we can assist you with your family law matter.

Planning The End Of Your Marriage

The Benefits of Planning The End Of Your Marriage: Tips for a Smooth Transition

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Ending a marriage is a serious decision that should never be taken lightly. The reasons for ending a marriage can vary from one couple to another. Nonetheless, it is a significant life event that can be emotionally and mentally taxing. It is for this reason that having a solid plan in place can help alleviate some of the stress and uncertainty that comes with ending a relationship.

While the decision to leave may be simple, the process of obtaining a separation and divorce can be complex and overwhelming. It is common for many people to be unsure of the differences between the two. A separation agreement outlines the terms of your separation, addressing issues such as division of property, parenting plans, child and spousal support. On the other hand, a divorce is the legal termination of a marriage.

In order to legally dissolve a marriage, a separation is required before obtaining a divorce. However, it’s important to note that ending a relationship does not necessarily require a divorce. Nevertheless, if your ultimate goal is to remarry, obtaining a divorce becomes a necessity.

The path you take when ending your marriage may depend on several factors, including how long you have been married. For instance, if you’re young and have been married for only a few years, you may have fewer assets and no children, unlike a couple who has been married for decades. Regardless of your situation, it’s vital to seek legal advice.

At Kurie Moore Law Group, we are always available to offer constructive and creative solutions to help you navigate the emotional and legal challenges that come with separation.

It’s wise to consult with a lawyer before separation, so you understand your rights and can prepare an exit strategy that won’t compromise your position moving forward. Practical strategies can also be discussed to assist you in these preparations.

Preparation is key

Divorce is a significant decision in one’s life, and it’s crucial to approach it with care and thoughtfulness. Once you’ve come to the realization that your relationship is no longer working, it’s time to start planning.

Consider not only the legal aspects of the divorce but also practical matters, such as where you’ll live and what belongings you’ll take with you if you’re the one leaving the marital home. Do you have a support system in place in case you need help? How will you manage your finances? And most importantly, what will happen with your children?

Ideally, you should take some time to plan before discussing your decision to end the relationship with your spouse. This will ensure that you’re not making any hasty decisions in the heat of the moment. Try to visualize what your life will look like after the divorce and how you can best prepare for it.

However, if you’re in an abusive relationship, extensive planning may not be possible. In this case, your safety, as well as the safety of any children involved, should be your top priority. Fortunately, the province of Alberta offers emergency funding for those escaping a violent relationship. Eligible individuals can receive help with expenses and other forms of support, including emergency transportation to a safe place such as a shelter or hotel if shelters are unavailable.

There are also other considerations that may not immediately come to mind, such as changing your will or beneficiaries. Seeking legal advice early on can help ease some of your concerns and ensure that you’re well-prepared for any legal proceedings that may follow.

Gather financial information

When it comes to ending a marriage, deciding how to divide assets can be one of the most challenging tasks. As a responsible parent, you are already accustomed to making decisions regarding your children’s well-being. However, determining how to divide your shared assets is equally crucial, and it is essential to approach this task with a clear head.

Gathering all the relevant financial information is the first step towards avoiding conflicts during the asset division process. This includes collecting bank account and credit card statements, investment details, and RRSPs. By having all the necessary documentation, you can prevent any misunderstandings or disagreements in the future.

In addition, collecting pension statements, automobile ownership documents, or evidence of personal assets such as artwork or jewelry can also be beneficial. It is equally important to document all debts, such as mortgages or lines of credit, to get a complete financial picture. If you brought assets into the relationship, it is crucial to have evidence of sole ownership.

Both you and your former partner have an obligation to disclose all relevant financial information in a sworn or affirmed statement. Providing false information or withholding important details is against the law and can have serious legal consequences.

To ensure a smooth and hassle-free asset division process, make copies of all important documents, no matter how insignificant they may seem. The more information you have, the better prepared you will be.

Remember that the goal is to approach this situation with empathy and understanding while ensuring that your rights are protected. By collecting all relevant financial information and having proper documentation, you can avoid an acrimonious divorce.

Date of separation

When a marriage or common-law relationship comes to an end, the date of separation becomes a crucial factor that affects several issues. To be recognized as legally separated, it is necessary to establish that you and your partner are living separately and apart with the intention of terminating the relationship.

It is worth noting that you can be considered legally separated even if you continue living under the same roof, provided you are not behaving as a couple. However, if you still share a bed, prepare and eat meals together, or maintain joint bank accounts, it could be challenging to prove that you are indeed separated.

If you wish to obtain a divorce, you must be separated for at least one year, unless you can demonstrate that your spouse committed adultery or has been physically or mentally abusive. This may include instances of violence, constant verbal abuse, excessive drug use, or alcoholism.

It is important to remember that in Alberta, you can resume your relationship with your spouse for up to 90 days during the separation period without having to start the one-year separation timeline again. The date of separation could play a critical role in matters of family property, especially if you were unmarried and separated before January 1, 2020.

You do not have to wait until the one-year separation period is over before starting legal proceedings or resolving issues such as parenting or the division of family assets.

Telling your spouse

Breaking the news to your significant other that you want to end your relationship is never easy. However, there are some important matters that you need to address, particularly if you have children.

The way you and your partner approach parenting decisions, including where your children will reside, how you’ll share parenting responsibilities, and how you’ll manage weekends, holidays, and vacations, is crucial. Additionally, you’ll need to decide if the children will still have access to other family members such as grandparents. Remember, any decision made by the court during your separation or divorce will prioritize the children’s best interests.

Another important topic to discuss is how you’ll divide any assets and debts you’ve accumulated as a couple. In the case of a shared property like your matrimonial home, you’ll need to decide if you’ll sell it and how you’ll divide the proceeds. Do you have the necessary funding to take over the debt associated with any assets you wish to keep? If you have a business enterprise together, you’ll need to decide if you’ll retain joint ownership or if one spouse will take full ownership. It’s also important to discuss whether or not one spouse will be entitled to support.

Although these are difficult and uncomfortable conversations to have, it’s crucial to approach them with an empathetic and understanding tone. The decisions you make now will have a significant impact on your future, your children’s future, and the rest of your family. It’s important to keep everyone’s best interests in mind and to seek professional help if needed.

We can help with your plan

In conclusion, ending a marriage can be emotionally and mentally draining, and having a solid plan in place can help alleviate stress and uncertainty.

Kurie Moore Law Group can provide constructive and creative solutions to help individuals navigate the emotional and legal challenges that come with separation. Seeking legal advice early on can help individuals understand their rights and prepare an exit strategy that won’t compromise their position moving forward. Please contact us now to schedule a consultation with one of our lawyers.

Navigating Property Division in Family Law: A Guide for Alberta Residents

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Divorce can be a challenging time for couples and their families, and one of the most complicated aspects of this process is the division of property. In Alberta, property division is governed by the Matrimonial Property Act, which provides guidelines for how assets and debts should be distributed among spouses. In this article, we will discuss what you need to know about property division in family law in Alberta.

The basics of property division in Alberta The Matrimonial Property Act applies to married couples who are separating or divorcing, and it outlines how property is to be divided in the event of a breakdown of the marriage. The Act states that all property acquired during the marriage is considered matrimonial property and is subject to division between the spouses. However, certain assets are exempt from division, including property owned before the marriage, inheritances, and gifts.

In Alberta, property is divided based on the principle of equalization, which means that each spouse is entitled to an equal share of the marital property. This is determined by calculating the net family property, which is the value of the assets and debts that each spouse acquired during the marriage. The spouse with the higher net family property must pay the other spouse an equalization payment to ensure that each spouse receives an equal share of the marital property.

What Factors Are Considered in Property Division?
When determining how property should be divided, the court will consider several factors, including each spouse’s financial contribution to the marriage, the length of the marriage, the needs of each spouse and any children, and any agreements made between the spouses. In some cases, a court may also take into account any misconduct by either spouse that affected the value of the property or the other spouse’s ability to acquire property.

How to Protect Your Assets During Property Division
If you are going through a divorce or separation, it is important to take steps to protect your assets. First, it is important to document all of your assets, including bank accounts, investments, and property deeds. You should also avoid making any major financial decisions until after the divorce is finalized, as this could impact the division of property.

What is Considered Property?
Property can include any assets or debts that a person or entity owns. In the context of family law, property can include real estate, personal property (such as vehicles, furniture, and jewelry), investments, bank accounts, pensions, and debts (such as credit card balances, loans, and mortgages). It is important to note that property that was acquired before a marriage, or received as a gift or inheritance, may be exempt from division depending on the laws of the specific jurisdiction.

What Is A Matrimonial Home Under The MPA?
Under the Matrimonial Property Act (MPA) in Alberta, a matrimonial home is defined as any property that is ordinarily occupied by both spouses at the time of separation. This can include a house, condominium, apartment, or any other type of dwelling.

The matrimonial home is treated differently than other types of property under the MPA, and it is subject to special rules in terms of division and possession. Specifically, each spouse has an equal right to remain in the matrimonial home after separation, regardless of who owns the property.

This means that a court may order that one spouse be allowed to remain in the home, or that the home be sold and the proceeds divided between the spouses. The rules surrounding matrimonial homes can be complex, so it is important to seek the advice of a qualified family law lawyer if you have questions about your rights and obligations in relation to your matrimonial home.

What if We Can’t Agree on Property Division?
If you and your spouse cannot agree on property division, you may need to seek the assistance of a family law lawyer or a mediator to help you negotiate a settlement. Mediation is a process where a neutral third party helps the parties to reach an agreement. In some cases, the court may also be asked to make a decision on property division. If the court is required to intervene, it will make a decision based on the laws of the jurisdiction, and take into account various factors, such as the length of the marriage, each spouse’s contributions to the marriage, and the needs of any children involved.

It is also important to seek the advice of a qualified family law lawyer who can guide you through the property division process and ensure that your rights are protected. A lawyer can provide valuable advice on how to negotiate with your spouse, represent you in court, and ensure that you receive a fair settlement.

Conclusion
Navigating property division in family law can be a complex and emotionally challenging process, but it is important to ensure that your rights are protected and that you receive a fair settlement. If you are going through a divorce or separation, it is important to seek the advice of a qualified family law lawyer who can provide valuable guidance and support. The lawyers at Kurie Moore Law Group have extensive experience in all aspects of family law, including property division, and are committed to helping their clients achieve the best possible outcome.

What is the difference between a DWI and a DUI?

Leave a commentPosted on Author By Scott Kurie

Driving under the influence (DUI) and driving while intoxicated (DWI) are terms that are often used interchangeably to refer to the crime of operating a vehicle while under the influence of alcohol or drugs. In some jurisdictions, the terms have slightly different meanings.

In Alberta, the term DUI is used to refer to the offense of operating a vehicle while impaired by alcohol or drugs. This can include driving with a blood alcohol concentration (BAC) above the legal limit, as well as driving while under the influence of drugs.

DWI, on the other hand, is a term that is used in some other jurisdictions to refer to the offense of operating a vehicle while intoxicated. In these jurisdictions, the term DWI may be used to refer to both alcohol- and drug-related impairment.

DUI and DWI are not consistently used across all jurisdictions, with some using DUI to refer to both alcohol and drug-related impairment and others using DWI for this purpose.

Operating a Vehicle While Impaired by Alcohol or Drugs is a Criminal Offense in Alberta

You may not be aware that it is a criminal offense to operate a vehicle while impaired by drugs or alcohol in any degree in Alberta.

This means that the police do not need to prove that you had a specific concentration of drugs or alcohol in your system. Instead, they must provide evidence that you were operating a vehicle, had consumed drugs or alcohol, and that these substances impaired your ability to drive.

It is worth noting that the term “operating” a vehicle is not limited to actually driving the vehicle. If you are in care or control of the vehicle while your ability to drive is impaired by drugs or alcohol, you may be charged with an offense, even if you are not actively driving or intending to drive.

In addition to this offense, it is also a crime to operate a vehicle with a blood alcohol concentration or blood drug concentration above the legal limit within two hours of stopping operation.

What is the Legal Limit for Alcohol and Drug Concentrations While Driving in Alberta?

For alcohol, the legal limit is equal to or more than 80 mg of alcohol in 100 mL of blood. 

For Cannabis, there are two different offences for differing concentration levels:

    • Between 2 nanograms (ng) and 5 ng of THC per mL of blood; or
    • 5 ng of THC or more per mL of blood. 

If you have any detectable amount of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, or 6-mam in your system, it is considered an offense. The legal limit for GHB is 5 mg or more per liter of blood. When alcohol and cannabis are combined, the legal limit is 50 mg or more of alcohol per 100 mL of blood and 2.5 mg or more of THC per mL of blood.

You Can Still Be Charged With a Dui or Dwi Even if You Are Not Actively Driving

It is important to note that even after you stop driving, you can still be charged if your blood concentration shows illegal levels of alcohol or drugs within a two-hour time period. However, there is an exception to this rule if:

  • If you consumed alcohol or drugs after you stopped operating the vehicle.
  • If you had no reasonable expectation that you would be required to provide a blood or breath sample, and (if applicable) if you were drinking alcohol.
  • If your alcohol consumption is consistent with a blood alcohol level that would have been below the legal limit while you were driving.

How the Police Assess Whether You Are Impaired

According to the law, police officers have the authority to stop vehicles and ask drivers if they have consumed alcohol or drugs. While you are not required to answer these questions, it is usually best to cooperate with the police and avoid becoming confrontational. You are required to present your driver’s license, vehicle registration, and proof of insurance to the police upon request.

You do not have the right to consult a lawyer before performing a roadside test. The police will make a judgment about your ability to drive safely based on a number of observations, tests, and samples, including:

In Alberta, police officers use a variety of methods to assess whether a person is impaired by alcohol or drugs while driving. These methods may include:

  1. If they can detect the smell of alcohol or drugs on your breath, your physical movements and behavior along with your answers to their questions.
  2. Standardized field sobriety tests (SFSTs): These are standardized tests that are designed to assess a person’s ability to safely operate a motor vehicle. Examples of SFSTs include the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus test.
  3. Drug recognition evaluations (DREs): These evaluations are performed by specially trained officers who are trained to recognize the signs of drug impairment. A DRE typically involves a series of tests, including a preliminary breath test, pulse rate evaluation, and eye examination.
  4. Breathalyzer tests: These tests are used to measure a person’s blood alcohol concentration (BAC) by analyzing a sample of their breath. In Alberta, police officers are required to use approved instruments to conduct breathalyzer tests.
  5. Blood tests: In some cases, police officers may request a blood sample to be taken in order to measure a person’s BAC or to detect the presence of drugs in their system.

If an officer has reasonable grounds to believe that a person is impaired by alcohol or drugs, they may arrest the person and charge them with impaired driving.

Under recent changes to the Criminal Code, police officers in Canada are now able to conduct random mandatory roadside breath tests to screen for alcohol impairment. This means that drivers who are stopped for any other reason, such as a traffic violation or a check stop, may be required to provide a breath test. Refusing to provide a breath sample can result in the same penalties as being charged with impaired driving.

If you are arrested and taken to the police station or medical facility for further testing, you do have the right to have a lawyer present. Further testing may include:

  • evidence from roadside tests
  • evidentiary breath-screening test
  • bodily fluid sample testing
  • Drug Recognition Evaluation (DRE)

What are the Consequences of a DUI or DWI charge?

The penalties for impaired driving in Alberta can be severe. Effective December 1, 2020, Alberta introduced an Immediate Roadside Sanctions program, which provides serious and immediate consequences for all impaired drivers.

The specific penalties that a person may face for impaired driving in Alberta depend on the circumstances of their case and may include: a fine upwards of $1,000, an increased insurance rate (which may skyrocket as high as 300%), a lengthy driving license revocation or license suspension, vehicle seizure, and requirement to pay for and participate in Alberta’s Ignition Interlock program. 

In addition to these provincial penalties, impaired driving is also a criminal offense in Canada, and a person may face federal penalties, including driving prohibitions, fines, and jail time.

If you are facing an impaired driving charge or roadside suspension, it is crucial to seek legal guidance as soon as possible in order to understand your legal options and mount the strongest defense possible.

We Can Help

Kurie Moore Law Group has extensive experience with the law and its application in the courts. If you have been charged with impaired driving (or any other traffic-related offences), our lawyers are prepared to advocate for you.

COVID-19 and Parenting

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COVID-19 is an unprecedented situation for everyone and has left many parents wondering how COVID-19 will impact their parenting orders or agreements that were in place before the outbreak of COVID-19, and whether or not one parent’s time with the child or children should be restricted. Fortunately, the Court of Queen’s Bench of Alberta (the superior court of the province) has released a decision and given some firm guidelines about how parenting should proceed during COVID-19.

In SAS v LMS (2020 ABQB 287), the father applied to the Court for a substantial change in parenting due to the COVID-19 pandemic. The Court summarized the principles used in making decision exactly as follows:

  1. Parents are expected to address COVID-19 issues and concerns with each other before taking any action (including applying for variations or relief from the Court) to resolve these issues and concerns in good faith and to act reasonably in exploring strategies that will first and foremost ensure the health and safety of their children;
  2. Where face to face access or parenting time presents different risks in the different households, the parties should consider strategies that have the children in the less risky environment but in a manner that maximizes virtual contact between the children and the other parent;
  3. Court orders are meant to be followed. There should be no unilateral withholding of access or parenting time except in true emergency situations as described above where there is imminent risk to a child’s health or safety;
  4. Whether under the Divorce Act or the Family Law Act, varying existing court orders requires a change in circumstances and will be determined on the basis of the best interests of the child or children. COVID-19 is not an automatic change in circumstances; the party seeking a variation must establish that their family circumstances have been impacted in a way that warrants temporary change in the order;
  5. The burden or onus of proof is on the parent seeking a change in the status quo or the existing court-ordered parenting. It is not satisfied by suspicion or speculation, but as with any matter involving circumstantial evidence, it may be satisfied by logical and reasonable inferences from conduct;
  6. If an application cannot be made because of the urgency of the situation an application by the defaulting party must be made as soon as possible after learning of the emergency;
    Applications based on speculation, mistrust, or fear without credible evidence of material non-compliance posing unacceptable risks to the children are unlikely to get permission to proceed as an emergency application, let alone be successful;
  7. Respondents must be prepared to unequivocally commit that he or she will meticulously comply with all COVID-19 safety measures; and
  8. Non-compliant parents can expect no second chances.

An important take-away from this decision is contained in #3 where the Court stated that orders are meant to be followed and that parenting time should not be withheld (unless there are exceptional circumstances). The Court is also very clear that if an application to change parenting is to be heard, then it must have some verifiable evidence on which the Court can rely in making a decision.

The Court in SAS v LMS also stated that “[the Court does] not think the default position should be that the household with the lowest risk level should be the home where the children reside at during the pandemic, with the other parent having virtual access only.”

SAS v LMS was decided on April 24, 2020 and (as of the date of this blog post) remains the leading case in Alberta on how parenting should proceed during COVID-19.

NOTE: This blog post is for general information purposes only and does not constitute legal advice. Should you require legal advice regarding the content of this blog post and how it applies to your situation, please contact the office to schedule an appointment to consult with a family lawyer and they would be happy to assist you.

child support lawyer edmonton

The New Family Docket: What you need to know

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The COVID-19 pandemic has presented significant challenges for families wishing to resolve their disputes through court ordered processes. Despite these challenges, court operations have resumed, and both the Provincial Court of Alberta and the Court of Queen’s Bench of Alberta are hearing new family matters.

The newly implemented Family Docket in Queens’ Bench strives to provide a more flexible approach to family matters and a presiding Justice will hear the matter and provide an opinion on the best way to proceed by way of “endorsement.” The Provincial Court of Alberta is dealing with family applications the same as before the COVID-19 pandemic.

How do I schedule a Family Docket Date in Queens’ Bench?

To secure a hearing date in Family Docket in Queen’s Bench, a claimant must select an available date (they go quick!) and file a Notice to Attend. Once the Notice to Attend is filed, it must be served on the opposing party no later than five (5) days before the scheduled hearing date.

Most hearings will be held via Webex or by telephone. Details will be included on the Notice to Attend form provided by the Court once the matter is scheduled.

What outcome can I expect from Family Docket?

Possible outcomes from a Family Docket hearing include, but are not limited to:

  • Consent order;
  • Referral to alternate dispute resolution, i.e. mediation, arbitration, collaborative processes;
  • Regular chambers date; and/or
  • A special chambers date.

How we can help

Our family lawyers have become familiar with the new Family Docket process and can help you secure a hearing date, file the proper materials, and serve the materials on the opposing party. For more information on the new Family Docket, please visit this link.

NOTE: This blog post is for general information purposes only and does not constitute legal advice. Should you require legal advice regarding the content of this blog post and how it applies to your situation, please contact the office to schedule an appointment to consult with a family lawyer and they would be happy to assist you.

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