Parenting during a Separation in Alberta: Can I move out with the kids?
One of the major stressors at the outset of a separation is the unknown of parenting. Often, there is no parenting plan in place, no verbal agreement on parenting, and…
Articles
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When Will the Courts Terminate Parenting Time?
When will the courts terminate parenting time? The short answer: only in rare and extreme circumstances. Co-parenting is one of the greatest adjustments for parents following separation, and Intimate Partner…
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Imputing Income for Child Support: A Fresh Test for Alberta
Generally, the starting point for determining Guideline income for child support purposes is a party’s total income as set out in their income tax return. However, section 19(1) of the…
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Supreme Court of Canada: Biological Connection is not the Only Factor When Assessing Child’s Best Interests
The Supreme Court of Canada (“SCC”) clarified the factors to be given in consideration when determining the parenting time arrangement that is in the best interests of children. In B.J.T.
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Capital Gains and Child Support Calculations
The calculation of child support can be a complicated issue for divorcing parties and forms the basis of many family law conflicts. The provincial or Federal Child Support Guidelines…
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A Framework for Retroactive Child Support after Colucci
Retroactive child support is child support that was neither paid nor claimed when it was due. The Supreme Court of Canada (SCC) recently issued a comprehensive decision (Colucci v Colucci,…
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When do I have to Increase my Child Support Payments?
As a payor of child support, it can sometimes be difficult to know when you should adjust your child support payments to reflect an increase in income. This…
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New Tort of Family Violence: How Will This Affect Survivors of Abuse?
In the recent case of Ahluwalia v. Ahluwalia, 2022 ONSC 1303, the Ontario Superior Court of Justice established the tort of family violence and created a new form of relief…
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Limitation Periods of Loans
While not strictly a family law consideration, this article considers limitation periods applicable to different types of loans. The limitation period in this context is the time in which a…
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How to Get the Most Out of Your First Meeting with a Lawyer
Separation and divorce can be a truly daunting experience filled with personal, financial, and legal uncertainty. Meeting with a lawyer soon after separation can help you to understand…
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No Money, Mo’ Problems; Family Property Division and Debt
It is not uncommon for parties to enter into a marriage or a common law relationship with individual debts in the form of mortgages, student loans, credit card debts, etc.
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Exclusive Possession of the Family Home in the Midst of a Pandemic
As the world continues to change as a result of the ongoing COVID-19 pandemic, divorce and separated parents have faced unique concerns and challenges associated with co-parenting and ongoing parenting…
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Emergency Protection Order Review Hearing Process and Test
Subsequent to our previous blog post on Emergency Protection Orders (“EPO”), CLICK HERE, the Alberta Court of Appeal came out with a decision explaining the test to obtain an…
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New Case Law on Vaccinations and Children
This is a continuation of our December 10, 2020 post “Your Love is Like Bad Medicine” and we encourage you to review our last post on this issue before…
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The Far Reaching Impacts of Parental Alienation
Family law lawyers must always consider the best interests of the child or children at the center of a parenting dispute, regardless of their client’s perspective. Parental Alienation occurs when…
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Do I Need an Emergency Protection Order?
Emergency Protection Orders (“EPOs”) provide immediate protection for an individual experiencing “family violence”. Family violence includes physical abuse, threats, intimidation, forced confinement, sexual abuse, stalking and coercive or controlling behaviour.
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Your Love is Like Bad Medicine: When Divorced Parents Disagree about Vaccinating their Children
As countries race to approve a vaccine for COVID-19, separated and divorced parents will be faced with the difficult decision of whether or not they will receive the vaccination for…
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Pandemic Co-Parenting: Back to School
We are currently eight months into the Covid-19 pandemic and parents continue to face new challenges with respect to parenting decisions. Parents are required to consider and implement parenting choices…
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The Use of Experts in Parenting Matters
The “best interest of the child” is the guiding principal for determining how decision making and parenting time relating to children will be allocated. This can be a very subjective…
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Parenting Disputes: Expert Involvement is Not Always Necessary
Parenting issues are some of the most difficult issues faced by separating parents. The “best interest of the child” is the guiding principal for determining how decision making and parenting…
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Series: Changes to the Divorce Act of Canada – Contact Orders
This is the last in a series of posts covering amendments and updates to the Divorce Act of Canada that come into effect March of 2021. From time to time,…
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Series: Changes to the Divorce Act of Canada – Family Violence
This is the third in a series of posts covering amendments and updates to the Divorce Act of Canada that come into effect March of 2021. Our previous…
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Series: Changes to the Divorce Act of Canada – New Relocation Provisions
This is the second in a series of posts covering amendments and updates to the Divorce Act of Canada that come into effect March of 2021. Our previous post…
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Series: Changes to the Divorce Act of Canada – Best Interest of the Child
For the first time in nearly 20 years, the Divorce Act of Canada is being amended and modernized. SVR Family Lawyers takes you through some of the most significant changes in…
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Family Court: Update on Court Closure Covid-19
A month has now passed since the Alberta Court of Queen’s Bench and Provincial Court made the decision to suspend all but emergency and urgent court appearances, indefinitely. We previously outlined what…
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Child Support and Covid-19
We are approximately a month into the pandemic. As parents are attempting to settle into the new normal, they still face uncertainties regarding their current and future financial circumstances. Unfortunately…
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How does COVID-19 and the social distancing public health orders impact your parenting schedule?
As this is unchartered territory, we have limited guidance from the Courts so far on how, or if, the social distancing mandates affect parenting schedules. Each family’s circumstances are specific…
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Court of Queen’s Bench Suspends Most Court Appearances: Covid-19
In effort to reduce the spread of COVID-19, the Alberta Court of Queen’s Bench has suspended most court appearances for an undetermined period of time. The exception to the suspension…
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Guidelines for Co-Parenting During Covid-19
The AFCC (Association of Family and Conciliation Courts) and AAML (American Academy of Matrimonial Lawyers) have drafted the following guidelines designed to assist divorced and separated co-parents during the current…
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Child Support and Financial Disclosure Obligations
The Provincial and Federal Child Support Guidelines are intended to establish a fair standard of support for children and ensure that children continue to benefit from the financial means…
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Legal Rights Changing for “Common Law” Couples
The new Family Property Act specifies when unmarried couples will be deemed to be in a ‘common law’ relationship and how the couples’ property will be divided if the relationship…
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Keeping Contact – Legal Options for Relatives Cut Off from Minor Children
Conflicts between parents over custody and parenting time are a well-known and common consequence of separation and divorce. But what legal options do grandparents and other family members…
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Child support for adult children with disabilities improves with passing of Bill 28
It was a very special day at the Alberta legislature on December 4th, as Bill 28 was passed in to law. In 2017, Janet Russell, QC, started an action on behalf…