Category Archives: Family Law

At Kurie Moore Law Group, we’ve witnessed a significant shift in divorce demographics over recent years. The phenomenon known as “grey divorce” – separations involving couples over 50 – has become increasingly common, presenting unique challenges and considerations for those involved. This trend reflects broader societal changes and requires a nuanced approach to family law.

The Rise of Grey Divorce

Grey divorce refers to the growing trend of couples ending their marriages later in life, typically after age 50. In Canada, the divorce rate for this age group has nearly doubled in recent decades, even as overall divorce rates have declined. This

shift reflects changing societal norms, increased life expectancy, and evolving expectations for personal fulfillment in later years.

Several factors contribute to this trend:

1. Longer lifespans: With people living longer, healthier lives, many are reassessing their relationships and future goals. The prospect of spending 20-30 years in retirement with an incompatible partner has led some to seek change.
2. Financial independence: Particularly for women, increased financial independence has made it more feasible to consider separation. Many in this age group have established careers and financial stability, reducing economic barriers to divorce.
3. Empty nest syndrome: As children leave home, couples often face a relationship crossroads. Without the shared focus of child-rearing, some discover fundamental incompatibilities or divergent life goals.
4. Reduced stigma: Societal attitudes towards divorce have evolved significantly. For many in the over-50 age group, divorce is no longer seen as taboo, making it a more acceptable option for those in unfulfilling marriages.
5. Generational attitudes: Baby boomers, who make up a significant portion of those experiencing grey divorce, came of age during a time of social change and may be more open to pursuing personal happiness, even later in life.
6. Increased life expectations: Many individuals in this age group are unwilling to settle for unsatisfactory relationships, believing they deserve fulfillment and happiness in their golden years.

Unique Challenges of Grey Divorce

Grey divorces present distinct challenges compared to separations earlier in life. These complexities require careful consideration and often specialized legal guidance:

1. Financial considerations: The division of assets is often more complex in grey divorces, involving:
   • Retirement accounts and pensions accumulated over decades
   • Long-held properties with significant equity
   • Investments and business interests
   • Considerations around Social Security benefits (in the U.S. context)
2. Limited recovery time: With retirement age approaching or already reached, there’s limited time to rebuild savings and adjust financial plans. This makes the equitable division of assets crucial.
3. Health and insurance concerns: Changes in health insurance coverage can be particularly impactful for older adults. Navigating healthcare options post-divorce is a critical consideration.
4. Emotional impact: Ending a decades-long marriage can have profound emotional effects:
   • Loss of identity tied to long-term partnership
   • Grief over the end of shared dreams and plans
   • Anxiety about starting over later in life
5. Family dynamics: Grey divorce affects not just the couple, but extended family:
   • Adult children may struggle with their parents’ separation
   • Grandparent relationships may need to be renegotiated
   • Holiday traditions and family gatherings often require adjustment
6. Social adjustments: Rebuilding a social life as a single person after years of couplehood can be challenging. Many find they need to expand their social circles and develop new interests.
7. Living arrangements: Decisions about the family home can be emotionally and financially complex. Downsizing or relocating may be necessary, which can be stressful at this life stage.

Legal Considerations in Grey Divorce

At Kurie Moore Law Group, we specialize in navigating the intricacies of grey divorce. Our focus areas include:

1. Asset division: Ensuring equitable division of assets accumulated over a long marriage, including:
   • Proper valuation of retirement accounts and pensions
   • Strategies for dividing complex assets like businesses or investment portfolios
   • Considerations around tax implications of asset division
2. Spousal support: Determining appropriate alimony or spousal support, taking into account:
   • Length of the marriage
   • Each spouse’s earning capacity and financial needs
   • Health and age considerations
   • Standard of living during the marriage
3. Retirement planning: Assisting clients in understanding how divorce will impact their retirement plans and developing strategies to ensure financial security in later years.
4. Estate planning: Updating wills, trusts, and beneficiary designations to reflect the new family situation and protect assets for heirs.
5. Health insurance planning: Addressing changes in health insurance coverage and exploring options for continued coverage post-divorce.
6. Tax considerations: Providing guidance on the tax implications of property division, alimony, and other financial aspects of divorce.
7. Mediation services: Offering alternative dispute resolution methods to facilitate amicable settlements and preserve important relationships.

How Kurie Moore Law Group Can Help

Our experienced family law attorneys understand the nuances of grey divorce. We offer:

1. Compassionate guidance: We provide empathetic support through this significant life transition, recognizing the emotional complexities involved.
2. Financial expertise: Our team includes professionals well-versed in the financial intricacies of later-life divorces, ensuring your long-term financial interests are protected.
3. Customized strategies: We develop tailored approaches for each client, recognizing that every grey divorce situation is unique.
4. Mediation and collaborative law options: We offer alternative dispute resolution methods to minimize conflict and preserve important relationships.
5. Comprehensive support: Beyond legal advice, we can connect you with financial planners, therapists, and other professionals to support you through this transition.
6. Future planning: We help you look beyond the divorce itself, assisting with estate planning updates and strategies for your new life chapter.

While grey divorce presents challenges, it can also offer opportunities for personal growth and new beginnings. With proper legal guidance and financial planning, you can navigate this transition successfully. If you’re considering a grey divorce or have questions about the process, contact Kurie Moore Law Group. We’re here to protect your interests and help you start the next chapter of your life with confidence.

Remember, it’s never too late to seek happiness and fulfillment. Our Sherwood Park Law Firm is committed to helping you navigate this complex process with dignity and emerge ready for the next phase of your life.

Spousal support, also known as alimony, is often a complex and contentious issue in divorce or separation cases. In Alberta, as in the rest of Canada, spousal support is governed by federal and provincial laws, as well as guidelines that help determine the amount and duration of support payments.

This blog post will provide a comprehensive overview of spousal support in Alberta, covering eligibility criteria, factors considered in support decisions, the Spousal Support Advisory Guidelines, duration of support, and the process of modifying or terminating support orders.

Eligibility Criteria for Spousal Support in Alberta

Not every separated or divorced individual is automatically entitled to spousal support. To be eligible for spousal support in Alberta, the following criteria must be met:

1. Legal Relationship: The parties must have been legally married or in an Adult Interdependent Relationship (AIR) as defined by Alberta’s Adult Interdependent Relationships Act. An AIR is similar to what other provinces call a common-law relationship.
2. Financial Need: The person seeking support must demonstrate a financial need for support.
3. Ability to Pay: The other party must have the financial ability to pay support.
4. Compensatory Basis: In some cases, support may be awarded on a compensatory basis, even if there isn’t a clear financial need. This might occur if one spouse sacrificed career opportunities for the benefit of the family or the other spouse’s career.

It’s important to note that eligibility doesn’t guarantee that spousal support will be awarded. The court will consider various factors in making its decision.

Factors Considered in Spousal Support Decisions

Alberta courts consider several factors when making decisions about spousal support, as outlined in the Divorce Act and the Family Law Act. These include:

1. Length of the Relationship: Longer relationships typically lead to longer periods of support.
2. Roles During the Relationship: If one spouse stayed home to care for children or support the other’s career, this may influence the support decision.
3. Age and Health of Both Parties: These factors can affect earning capacity and financial need.
4. Financial Means and Needs: The court will consider the income, expenses, and assets of both parties.
5. Ability for Self-Sufficiency: The court will consider each party’s ability to become or remain financially independent.
6. Care of Children: Ongoing childcare responsibilities can affect a person’s ability to work and their financial needs.
7. Standard of Living During the Relationship: The goal is often to help the recipient maintain a similar standard of living, within reason.
8. Economic Advantages or Disadvantages: The court will consider any economic advantages or disadvantages arising from the relationship or its breakdown.

Spousal Support Advisory Guidelines

While not legally binding, the Spousal Support Advisory Guidelines (SSAG) play a crucial role in determining spousal support in Alberta. These guidelines provide a range of support amounts based on various factors, including:

• The income of both parties
• The length of the relationship
• The presence and ages of any children
• Childcare responsibilities

The SSAG use two main formulas:

1. The With Child Support Formula: Used when the couple has dependent children and child support is being paid.
2. The Without Child Support Formula: Used when there are no dependent children or when child support is not being paid.

These guidelines help create consistency in spousal support decisions across cases. However, it’s important to remember that they are advisory, not mandatory. Judges have the discretion to deviate from the guidelines if they feel it’s appropriate in a particular case.

Duration of Spousal Support

The duration of spousal support in Alberta can vary widely depending on the circumstances. Some general principles include:

• Short-Term or Transitional Support: For shorter relationships or where the recipient needs time to become self-sufficient, support might be ordered for a limited time.
• Medium to Long-Term Support: For longer relationships or where there’s a significant disparity in earning capacity, support might be ordered for a longer term or even indefinitely.
• Rule of 65: If the years of cohabitation plus the support recipient’s age at separation equal 65 or more, support may be awarded indefinitely.
• Indefinite Support: In cases of very long marriages or where the recipient is unlikely to ever become self-sufficient due to age or health issues, support might be indefinite.

It’s crucial to note that “indefinite” doesn’t necessarily mean “permanent.” Support orders can be reviewed and modified based on changing circumstances.

Modifying or Terminating Spousal Support

Spousal support orders are not set in stone. They can be modified or terminated under certain circumstances:

1. Material Change in Circumstances: If there’s a significant change in the financial situation of either party (e.g., job loss, retirement, remarriage), the court may modify the support order.
2. Agreement Between Parties: If both parties agree to modify or terminate support, they can create a new agreement, which should be formalized through the court.
3. Review Date: Some support orders include a review date, at which point the order will be reassessed.
4. Retirement: The payor’s retirement can be grounds for modifying support, especially if it results in a significant drop in income.
5. Remarriage or New Adult Interdependent Relationship: While this doesn’t automatically terminate support, it can be a factor in modification or termination.

To modify or terminate a support order, either party can apply to the court. The court will consider the current circumstances of both parties and determine whether a change is warranted.

Conclusion

Navigating spousal support in Alberta can be complex and challenging. While this guide provides a comprehensive overview, each case is unique and may have additional factors to consider. If you’re dealing with spousal support issues, it’s crucial to seek professional legal advice.

At Kurie Moore Law Group, our experienced family law team can guide you through the intricacies of spousal support, whether you’re seeking support or being asked to pay. We’ll work to ensure that any support arrangements are fair and take into account all relevant factors of your specific situation.

Remember, while spousal support can be a contentious issue, it’s ultimately about ensuring fairness and financial stability for both parties after the end of a relationship. With the right legal guidance, you can navigate this process effectively and move forward with confidence.

For personalized advice on your spousal support case, contact Kurie Moore Law Group today. Our Sherwood Park Law team is here to help you understand your rights and options, and to advocate for your best interests throughout the legal process.

Navigating the complexities of international travel as a divorced parent from Alberta necessitates a careful understanding of legal requirements and thorough preparation. When you plan a trip abroad with your children, it’s essential to communicate with your ex-partner about the travel plans. Canadian law encourages cooperation and transparency, especially regarding decisions that affect your children’s wellbeing. This includes ensuring you have the appropriate documentation, such as a travel consent letter, which is crucial for cross-border travel with children, to avoid difficulties at immigration checkpoints.

In addition to dialogue with your former spouse, it’s important to check if there are specific requisites from the country you plan to visit. This can include entry permits or parental authorization forms that differ from those provided by Canadian authorities. If you find yourself facing disagreement from your ex-partner regarding travel, legal assistance might be necessary. Expertise in family law, such as that offered by the Kurie Moore Law Group, can be indispensable for understanding your rights and for facilitating a resolution that allows your travel plans to proceed smoothly.

Every situation is unique, and depending on your custody agreement, there may be predefined conditions about international travel with your children. Your agreement might have clauses that outline the notification period and consent requirements if these trips were anticipated during your divorce proceedings. If your custody documents do not provide clear directions for international travel, or new circumstances have arisen since they were drafted, you should consider consulting with a legal professional. They can help review and, if needed, modify the agreement to include terms that support your family’s current and future travel needs.

Understanding Legal Implications Of International Travel

When traveling abroad from Alberta, it’s crucial to comprehend the legal intricacies that govern international travel as a divorced parent. This includes recognizing your custody situation and being aware of measures to prevent international child abduction.

Identifying Your Custody Status

Understanding your custody status is a foundational step before international travel. You should review your divorce decree alongside any custody agreements or court orders. Legal custody defines your decision-making power

over your child, while physical custody pertains to where the child resides. It’s imperative to ascertain whether you have sole, joint, or full custody. Consulting with a lawyer who specializes in family law can provide clarity if your situation is complex.

In cases where you have sole legal custody, you may not require the other parent’s authorization to travel abroad with your child. However, possessing joint legal custody necessitates consent from both parents. Always carry a consent letter signed by the other parent or a court order granting permission to travel, as this may be demanded by immigration authorities. This document should detail the travel dates, destination, and contact information.

Preventing International Child Abduction

The risk of international child abduction is a serious consideration. If there are concerns about abduction, it’s crucial to take preventive measures. The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that provides a legal framework to expedite the return of a child who has been internationally abducted by a parent. If you suspect that your child is at risk, you must contact a lawyer immediately and explore possible legal actions.

To further mitigate risks, stay informed about the entry and exit requirements of your destination country, which might involve presenting specific documents or following particular procedures upon arrival and departure. Ensure that your child’s travel companions are trustworthy and have no intention of violating custody agreements. Alerting your country’s border services about your concerns can also contribute to your child’s safety during travel.

Pre-Travel Formalities And Documentation

When preparing for international travel from Alberta as a divorced parent, it’s essential to gather and prepare all necessary documentation and understand the consent requirements for children travelling abroad. This will ensure a smooth and compliant departure from Canada.

Obtaining Necessary Documentation

Passports: Securing a valid Canadian passport is your first step. Keep in mind that many countries require your passport to be valid for at least six months beyond your date of return. For your children, ensure their passports are updated and accessible.

Visas: Depending on your destination, you might need to obtain a visa. Check the travel advisories and entry and exit requirements for your destination on the Government of Canada’s website to confirm visa needs and processes.

Custody Documentation: If you’re a divorced parent, bring a copy of the custody order. This document should be notarized to verify its authenticity.

Birth and Death Certificates: Carry a birth certificate for each child travelling with you. If applicable, a death certificate for a deceased parent may also be requested.

Consent Requirements For Children Travelling Abroad

Consent Letter: A consent letter is recommended by the Government of Canada for children travelling abroad. It provides proof that a child has permission to travel abroad from parents not accompanying them on the trip. The letter should be notarized, meaning it’s signed in front of a notary public who confirms the signatures.

Notarization: Having a notary public witness the signing of travel documents and consent letters adds a layer of verification. Kurie Moore Law Group can provide notarization services.

Parenting Agreement: If your parenting agreement includes specific travel provisions, make sure to follow them closely and bring a notarized copy.

It’s wise to review your itinerary with the most updated travel advice and advisories issued by the Government of Canada to understand the legal and safety landscape of your destination country. This will ensure your due diligence in meeting both Canadian and international travel standards.

Communication And Coordination

Effective communication and coordination are crucial when you’re a divorced parent planning to travel abroad from Alberta. It involves obtaining the proper consents and engaging with legal experts if disputes arise.

Getting Consent From The Other Parent

As a divorced parent, you have the responsibility to inform and obtain consent from your ex-spouse before traveling internationally with your child. Consent is typically required when only one parent is accompanying the child, to respect the:

• Custody arrangements: Ensure travel plans align with custody agreements and parenting time.
• Parent’s rights: Recognize and adhere to the non-accompanying parent’s rights and access to the child.

The consent should be explicit and in writing. Here’s a basic structure for obtaining consent:

1. Discuss travel plans: Open a dialogue with the other parent explaining the reasons for travel, destinations, and duration.
2. Draft written consent: Once agreed, draft a written consent that outlines the details of the trip.
3. Notarization: To add legal weight, get the consent letter notarized. This will confirm the authenticity of the document for authorities.

If the other parent is unreasonably withholding consent, or if complications arise, you may need to consult a legal professional.

Engage With Legal Professionals If Necessary

If you’re facing difficulties in obtaining the necessary consent, or if there’s a disagreement about the travel:

• Seek legal advice: Contact a family lawyer at Kurie Moore Law Group to understand your rights and options.
• Family court intervention: A lawyer can guide you through the process of approaching the family court to secure the right to travel.
• Uphold the agreement: Ensure that any court-mediated agreement is closely followed to prevent future legal complications.

Remember: Legal intervention is a last resort and it’s essential to attempt all reasonable means of communication and negotiation before pursuing this path.

Practical Tips For Traveling Abroad With Children

When planning to travel abroad with children, especially from Alberta as a divorced parent, give extra attention to the travel documents required and the understanding of protocols that ensure a smooth journey.

Planning Your Itinerary And Stay

Itinerary: Carefully organize your travel schedule to accommodate the needs and comfort of your children. Ensure that relative and friend contacts are integrated into your plans for ease of communication and support. When flying, it’s advisable to inform airline agents of your situation; they can offer assistance, such as family boarding privileges.

• Guardianship: Bring documentation proving custody or guardianship status. In cases of shared custody, carry a letter of consent from the other parent for the children’s temporary care and travel abroad.
• Accompanying person: If someone other than you, like relatives or friends, is accompanying your children, provide a signed and dated letter of authorization.

Stay: Choose accommodations that are family-friendly and secure. Focus on places known to be safe from crime and accommodating to the needs of Canadian children.

Frequently Asked Questions

Traveling internationally with your child as a divorced parent from Alberta involves specific legal requirements. It’s essential to understand the necessary documentation to avoid any complications.

What documentation is required for a divorced parent to travel internationally with their child from Alberta?

You are advised to carry your child’s passport, your own passport, a copy of your divorce decree, and the child’s birth certificate. If you have custody or shared custody, carry the relevant court orders to demonstrate your legal right to travel with the child.

How do I obtain a travel consent letter for my child in Canada if I’m a divorced parent?

A travel consent letter should be drafted stating that the non-traveling parent or legal guardian gives permission for the child to travel abroad. Obtain the letter well in advance from a legal professional to ensure it meets all regulatory requirements.

Is it mandatory for a divorced parent to carry a notarized letter of consent when traveling abroad with a child from Alberta?

While not always mandatory, it is strongly recommended to carry a notarized letter of consent from the non-traveling parent. This document may be requested by immigration authorities to prevent child abduction.

What are the legal requirements for a divorced parent taking their child out of the country from Alberta?

Legal requirements include having a valid passport for both you and your child, a notarized travel consent letter if you are the sole guardian or have the legal right to take the child abroad. Check with the specific country’s embassy for additional requirements as they can vary.

How can a divorced parent ensure compliance with international travel regulations for minors traveling with one parent?

To ensure compliance, consult with a legal expert at Kurie Moore Law Group to understand any updates to travel regulations. They can guide you in obtaining all necessary documents that meet the criteria of both Canadian authorities and foreign countries.

What steps should be taken if the other parent is not available to give consent for a child’s international travel from Alberta?

If the other parent is not available to provide consent, it is essential to seek legal advice. In some cases, court orders may permit travel without the other parent’s consent. A professional at Kurie Moore Law Group can assist in these specific circumstances to determine the best course of action

In Alberta, Canada, the Divorce Act governs the circumstances under which you may obtain a divorce. The Act outlines one fundamental cause for divorce: the breakdown of the marriage. This can be established in one of three ways: through evidence of separation, adultery, or cruelty. To meet the criteria for separation, you and your spouse must have lived apart for at least one year. This is typically the most common grounds cited due to its clear and objective nature.

If you’re seeking a divorce based on adultery or cruelty, these reasons are less straightforward and require proof which can sometimes complicate the divorce process. However, it is important to understand that the choice of grounds for divorce may influence the proceedings, particularly related to the timeline and the level of evidence required. Your residence in Alberta also plays a role; you or your spouse must have lived in the province for a minimum of one year before filing your legal paperwork. This requirement ensures that the Alberta courts have the jurisdiction to manage your case.

Legal Requirements for Divorce in Alberta

At Kurie Moore Law Group, we understand the complexities involved in equitably dividing property and assets during a divorce. In Alberta, the principles dictate that assets accumulated over the course of the marriage should be shared fairly between spouses.

This includes the matrimonial home, bank accounts, pensions, and the increased value of assets brought into the marriage. However, exceptions may apply to assets like gifts, inheritances, or pre-marital property, which may not be subject to equal division.

When pursuing a divorce in Alberta, it is crucial to understand the legal prerequisites set forth by the Divorce Act. These requirements ensure that the process adheres to federal and provincial laws.

Residency and Grounds for Divorce

To file for divorce in Alberta, you or your spouse must have been a resident in the province for at least one year before the filing of a Statement of Claim for Divorce. Under the Divorce Act, the only accepted ground for divorce is marital breakdown, which can be proven in three ways: separation, adultery, and cruelty.

Separation as a Ground for Divorce

If you are considering separation as a ground for divorce, you and your spouse must live apart for at least 12 months prior to the initiation of divorce proceedings. It’s important to note that periods of reconciliation that do not surpass 90 days do not reset the 12-month timeframe.

• Duration of Separation: At least 12 months
• Reconciliation Periods: Up to 90 days (without resetting separation period)

Fault-Based Grounds: Adultery and Cruelty

Beyond separation, there are two fault-based grounds recognized by the Divorce Act. If you are filing for divorce on these grounds, there is no mandatory separation period required.

• Adultery: You can file for divorce if your spouse has committed adultery, and you have not forgiven or condoned the behavior.
• Cruelty: If your spouse has subjected you to physical or mental cruelty of a kind that renders continued cohabitation intolerable, it may constitute grounds for divorce.

The Divorce Process

When pursuing a divorce in Alberta, you must navigate through a legal process that involves filing paperwork, deciding on the type of divorce, and considering reconciliation.

This requires meeting the legal prerequisites set forth by the Divorce Act to ensure adherence to federal and provincial laws. Criteria such as living separately for at least one year or proving marital breakdown must be met.

Filing the Statement of Claim for Divorce

To initiate your divorce, you must file a Statement of Claim for Divorce with the court. This document identifies the grounds for divorce and is the formal beginning to the legal process. You, as the “plaintiff,” will submit this form at your local courthouse, and your spouse will be the “defendant.”

Uncontested Versus Contested Divorce

• Uncontested Divorce: If both parties agree on all terms of the divorce, including spousal support, property division, and child custody, the process is considered uncontested. This can make for a smoother and often quicker process.
• Contested Divorce: If one party disputes any terms, the divorce is contested. Contested divorces usually require more extensive legal representation from a family lawyer and can lead to court proceedings to resolve the issues.

Reconciliation and Mediation Efforts

Before finalizing the divorce, you are encouraged to explore the possibility of reconciliation. If there’s a chance of reconciling, mediation can be a valuable tool to resolve outstanding issues without court intervention. A family lawyer can guide you through mediation efforts and help you understand your legal options.

Financial and Parental Considerations

When considering a divorce in Alberta, it is essential to understand the implications related to financial obligations and the care of children.

Child and spousal support are determined based on guidelines and circumstances of the marriage, while custody and access, as well as the division of property and assets, are subject to legal frameworks aiming to protect the rights and welfare of all involved parties.

Child and Spousal Support

Child support is mandatory and calculated according to federal guidelines, considering your income and the number of children requiring support. In Alberta, this financial support continues until the child is 18, or 22 if they are full-time students. Spousal support, on the other hand, may be stipulated based on the length of the marriage, roles during the marriage, and the financial means of the spouses. Both types of support aim to mitigate financial disparities post-divorce.

Custody and Access to Children

Custody determines who has the responsibility for making significant decisions regarding the children’s welfare, including education, healthcare, and religion. Custody can be joint or sole, based on the best interests of the children. Access refers to how non-custodial parents can spend time with their children. This includes the right to inquire about the children’s health, education, and wellbeing.

Division of Property and Assets

The division of matrimonial property in Alberta follows the principles that the assets accumulated during the marriage should be shared fairly. Marital assets, such as the matrimonial home, bank accounts, and pensions, are subject to division. However, there are exceptions, including gifts, inheritance, or assets brought into the marriage, which may not be divided equally. In most cases, you’ll equally divide the increase in the value of these assets during the time of your marriage.

Accessing Legal Advice and Representation

At Kurie Moore Law Group, we understand the complexities involved in equitably dividing property and assets during a divorce. In Alberta, the principles dictate that assets accumulated over the course of the marriage should be shared fairly between spouses.

This includes the matrimonial home, bank accounts, pensions, and the increased value of assets brought into the marriage. However, exceptions may apply to assets like gifts, inheritances, or pre-marital property, which may not be subject to equal division.

Our experienced divorce lawyers specialize in family law and can provide tailored legal guidance to protect your interests. We aim to reach fair settlements through negotiation when possible, while preparing thoroughly for litigation if needed.

Kurie Moore Law Group is committed to supporting our clients through the division of property and assets, ensuring their rights are upheld with expertise and compassion. Contact us for a consultation on your unique situation.

If you or someone you know is experiencing domestic violence in Alberta, it is important to understand the laws and resources available to protect yourself and your loved ones. Domestic violence is a serious issue that affects many individuals and families in the province. It can take many forms, including physical, sexual, emotional, and financial abuse.

Fortunately, Alberta has laws in place to help victims of domestic violence. The Disclosure to Protect Against Domestic Violence (Clare’s Law) Act, for example, allows individuals who feel at risk of domestic violence to request information about their partners’ criminal history. This can help victims make informed decisions about their safety and take steps to protect themselves. Additionally, Alberta’s Family Violence Protection Act provides legal protections for victims of domestic violence, including emergency protection orders and restraining orders.

At Kurie Moore Law Group, we understand the complex legal issues surrounding domestic violence in Alberta. Our experienced lawyers are dedicated to helping victims of domestic violence navigate the legal system and obtain the protections they need to stay safe. If you or someone you know is experiencing domestic violence, please don’t hesitate to contact us for help.

Overview of Domestic Violence Laws in Alberta

If you or someone you know is experiencing domestic violence in Alberta, it is important to know that there are laws in place to protect victims and hold perpetrators accountable. Domestic violence is defined as any form of abuse or violence that occurs between people who are in a close relationship, such as spouses, partners, or family members.

In Alberta, there are a number of laws and policies that address domestic violence. These include:

• The Protection Against Family Violence Act (PAFVA): This law provides victims of domestic violence with a range of legal protections, including emergency protection orders, restraining orders, and exclusive possession of the family home. It also allows police officers to remove perpetrators from the home and lays out penalties for violating protection orders.
• The Criminal Code of Canada: This federal law includes a number of criminal offences related to domestic violence, such as assault, sexual assault, and uttering threats. These offences carry serious penalties, including imprisonment.
• Clare’s Law: This law allows individuals who feel at risk of domestic violence to request information about their partner’s criminal history. This information can help individuals make informed decisions about their safety and take steps to protect themselves.
• The Victims of Crime Act: This law provides financial compensation to victims of crime, including victims of domestic violence, to help cover expenses related to medical treatment, counselling, and lost wages.

In addition to these laws, there are also a number of resources available to victims of domestic violence in Alberta. These include:

• Emergency shelters: There are a number of emergency shelters throughout Alberta that provide safe and secure accommodations for victims of domestic violence.
• Counselling and support services: There are a variety of counselling and support services available to victims of domestic violence, including individual counselling, group counselling, and support groups.
• Legal assistance: Victims of domestic violence can access legal assistance through a variety of sources, including Legal Aid Alberta and private law firms like Kurie Moore Law Group.

If you or someone you know is experiencing domestic violence in Alberta, it is important to reach out for help. There are resources available to support you and help you stay safe.

The Family Law Act

The Family Law Act is a provincial law that governs family relationships in Alberta. It applies to non-divorce situations, such as determining who are the parents of a child, including cases where the child was conceived through assisted reproduction, and determining who are the guardians of a child.

The Act also covers contact between a non-parent or non-guardian and a child, and child and spousal/adult interdependent partner support obligations for former spouses/parents who were never married or are not seeking a divorce.

Under the Family Law Act, domestic violence is considered a serious matter. The Act defines “family violence” as any behaviour by a family or household member causing or attempting to cause physical harm to the child or another family or household member, including forced confinement or sexual abuse, or causing the child or another family or household member to reasonably fear for his or her safety or that of another person.

If you are experiencing family violence, the Family Law Act provides several options for protection. You may apply for an Emergency Protection Order, which is a court order that provides immediate protection from family violence. You can also apply for a Protection Order, which is a court order that provides longer-term protection from family violence.

In addition, the Family Law Act allows for the appointment of a guardian ad litem, who is a person appointed by the court to represent the best interests of a child in a legal proceeding. The guardian ad litem may be appointed if there are concerns about the safety or well-being of the child.

Overall, the Family Law Act is an important tool for protecting individuals and families from domestic violence in Alberta. If you are experiencing family violence, it is important to seek help and know your legal rights.

The Protection Against Family Violence Act

If you or someone you know is experiencing family violence in Alberta, The Protection Against Family Violence Act provides a legal framework to help protect victims and prevent further violence. This act provides the authority for the court to grant a protection order where it has determined that violence has occurred and is likely to continue.

The Protection Against Family Violence Act recognizes the family as the basic unit of society and is committed to the prevention of family violence. The act also establishes the Family Violence Death Review Committee, which reviews incidents of family violence resulting in deaths and provides advice and recommendations to help prevent future incidents.

Under this act, family violence is defined as any of the following acts committed by a family member against another family member:

• Physical abuse or threatened physical abuse
• Sexual abuse or threatened sexual abuse
• Psychological or emotional abuse
• Financial abuse
• Harassment or stalking
• Damage to property

If you are experiencing family violence, you can apply for a protection order under this act. A protection order is a legal document that prohibits the abuser from having any contact with you or your children and can also require the abuser to leave the family home.

It is important to note that if you are in immediate danger, you should call 911 or your local police department. They can provide emergency assistance and help ensure your safety.

Overall, The Protection Against Family Violence Act is an important piece of legislation in Alberta that helps protect victims of family violence and prevent future incidents. If you or someone you know is experiencing family violence, it is important to seek help and support.

Emergency Protection Orders

If you are experiencing family violence, you may want to consider applying for an Emergency Protection Order (EPO). An EPO is a legal tool intended to protect Albertans experiencing family violence. It is granted when violent or threatening behavior occurs between family members.

Procedure

You can get an EPO 24 hours a day, 7 days a week. A Provincial Court judge or justice of the peace can grant an EPO in person or over the phone. The process to apply is different in each city or town. In Edmonton, you can contact Legal Aid Alberta’s Emergency Protection Order Program during business hours (by phone or in person).

To apply for an EPO, you will need to provide information about the family violence that has occurred or is likely to occur. You will need to provide your name, address, and contact information. You may also need to provide information about the person who has been violent or threatening towards you.

Enforcement

Once an EPO is granted, it is important to understand that it is a legal order. This means that if the person who has been violent or threatening towards you does not follow the order, they can be charged with a criminal offense.

If the person who has been violent or threatening towards you violates the EPO, you should contact the police immediately. The police can arrest the person and charge them with a criminal offense.

It is important to remember that an EPO is only one tool to help protect you from family violence. There are other legal options that may be available to you, such as a Queen’s Bench Protection Order (QBPO). A QBPO is a court order that helps protect Albertans from family members committing family violence. It can order the person causing harm to do things such as stay away from you, stop contacting you, move out of the family home, or allow you to use certain property. QBPOs are described in Alberta’s Protection Against Family Violence Act.

Restraining Orders

If you are experiencing domestic violence, you may be eligible for a restraining order. A restraining order is a legal document that prohibits an abusive partner or family member from contacting or being near you. In Alberta, there are two types of restraining orders: Emergency Protection Orders (EPOs) and Queen’s Bench Protection Orders (QBPOs).

Procedure

To obtain an EPO, you can contact Legal Aid Alberta’s Emergency Protection Order Program 24/7. A judge or justice of the peace can grant an EPO in person or over the phone. The process to apply is different in each city or town, so it’s important to contact Legal Aid Alberta for guidance.

To obtain a QBPO, you must go to court and apply in person. You will need to provide evidence of the abuse and explain why you need the order. If the judge grants the order, the abusive partner or family member will be prohibited from contacting or being near you for a specified period of time.

Enforcement

If the abusive partner or family member violates the terms of the restraining order, you should contact the police immediately. The police can arrest the person and charge them with a criminal offense. If the person is found guilty, they may face fines, imprisonment, or other penalties.

It’s important to note that a restraining order is not a guarantee of safety. If you feel that you are in danger, you should take steps to protect yourself, such as staying with a friend or family member, changing your phone number, or contacting a domestic violence shelter.

If you need help obtaining a restraining order or have questions about your legal rights, you should contact a qualified family law attorney. The Kurie Moore Law Group is a law firm in Sherwood Park that specializes in family law and can provide you with the guidance and support you need.

Victims of Crime Financial Benefits Program

If you are a victim of a violent crime, you may be eligible for financial assistance through the Victims of Crime Financial Benefits Program in Alberta. This program is designed to help victims of crime, their immediate family members, and witnesses who have suffered physical or emotional harm as a result of a violent crime.

The program provides financial assistance to help with urgent needs, such as medical expenses, funeral costs, and loss of income. The amount of financial assistance provided depends on the severity of the harm suffered and the financial need of the victim. The maximum amount of financial assistance available is $110,000.

Support Services for Victims

If you or someone you know is experiencing domestic violence in Alberta, there are a number of support services available to help. These services can provide information, support, and resources to help victims of domestic violence stay safe and get the help they need.

Family Violence Info Line

The Family Violence Info Line is available 24/7 and can provide information and support to victims of domestic violence. You can call the toll-free number at 310-1818 or text 310-1818 to get help. The Info Line can provide information about shelters, financial assistance, legal services, and other resources that are available to victims of domestic violence.

Shelters

There are a number of shelters across Alberta that provide safe housing and support services to victims of domestic violence. These shelters can provide a safe place to stay, as well as counseling, support groups, and other services to help victims heal from the trauma of domestic violence. Some shelters also offer services for children who have been impacted by domestic violence.

Counseling Services

Counseling services are available to victims of domestic violence and can provide emotional support, as well as help victims develop coping skills and strategies for staying safe. Counseling services can be provided by trained professionals, such as psychologists or social workers, and can be offered in individual or group settings.

Legal Services

Victims of domestic violence may need legal assistance to obtain restraining orders, file for divorce or custody, or navigate other legal issues related to domestic violence. Legal services are available to victims of domestic violence and can provide advice and representation in legal matters.

If you or someone you know is experiencing domestic violence, it’s important to seek help as soon as possible. There are a number of support services available to help victims of domestic violence stay safe and get the help they need.

At Kurie Moore Law Group, we believe that everyone deserves to live a life free from fear and violence. Domestic violence is a deeply concerning issue, and we are committed to helping those who have been affected by it in Alberta.

Our legal team is here to provide support, guidance, and legal assistance to survivors of domestic violence. We understand the complexities of these situations and the courage it takes to seek help. You are not alone in this journey, and we are here to help you navigate the legal process, obtain protective orders if needed, and ensure your safety and well-being.