We’ve compiled our most commonly asked questions for quick reference if you need some advice. If your question isn’t answered, please feel free to contact our team at info@calawyers.ca or use our contact form to book a free consultation. We’re always happy to help.
Legal guardianship is a temporary caregiving arrangement where the child’s legal parents retain parental rights and can reclaim custody. Adoption, however, is a permanent arrangement that terminates the rights of the biological parents, making the adoptive parents the child’s legal parents indefinitely.
The adoption process in Alberta requires various documents, including an intervention record check, security clearance check, references, medical documents, and financial statements. These documents are crucial for assessing the prospective adoptive parent’s ability to provide a safe and loving environment for the child.
The adoption process in Alberta typically takes two to six months. However, the duration can vary depending on factors such as the completion of the home study and the circumstances of the birth parents. Additional court requirements may also impact the timeline.
Financial aid and subsidies may be available for adoptive parents, particularly for adopting children with special needs or through public adoption agencies. It is advisable to consult with a family law lawyer to explore available financial assistance options.
You must be legally married and meet residency requirements to get divorced in Alberta. You need grounds for divorce, which include separation for at least one year, adultery, or cruelty. You can start the process by filing a Statement of Claim for Divorce with the court.
The duration of a divorce is influenced by various factors, such as how quickly spouses agree on key issues and whether the divorce is contested. A desk or uncontested divorce can be finalized in as little as 8-12 weeks, while a contested divorce can extend over many months or even years, highlighting the potential for a lengthy process.
An uncontested, or desk divorce, where both parties agree on all key elements, offers significant advantages, including lower costs, fewer delays, and reduced stress. It can be completed in weeks rather than months, minimizing anxiety for both spouses and children.
If you and your spouse are unable to agree on all the issues in your divorce, there are several options available: mediation, arbitration, or litigation. In mediation, a neutral third party, often a trained mediator, assists in facilitating a mutually acceptable agreement. Arbitration involves a neutral arbitrator making binding decisions, and litigation involves going to court, where a judge will decide on the contested issues.
The presence of children does not significantly impact the decision to grant an annulment. Children from a voided marriage are considered lawful if the marriage was registered legally and at least one party believed it was valid.
After an annulment, the court may issue orders for child custody and financial support, treating the situation similarly to a divorce. Property division and spousal support may also be ordered if there is no evidence that the marriage was knowingly invalid.
An annulment can be sought at any time after the marriage. However, applying as soon as possible is advisable, as delaying might imply acceptance of the marriage’s validity, which could affect the annulment process.
A religious annulment, granted by a religious leader, is a separate process from a legal annulment. It may allow for remarriage within the religious community, but it’s important to note that it does not replace the need for a legal divorce through the courts in Alberta.
You cannot appeal a Certificate of Judgment from a Binding Judicial Dispute Resolution, but you can appeal a judgment from a Simplified Trial or Trial if there is an error in facts or how the law was applied. An appeal must be filed within 50 days of the judgment.
An application to vary is made to the original court to change its own order due to a material change in circumstances. An appeal, however, is made to a higher court when a party believes the law was incorrectly applied without needing a material change in circumstances.
While you can represent yourself in the Court of Appeal, it is highly recommended that you seek legal advice. The appeal process is complex, and having an experienced team of lawyers can significantly increase your chances of a successful outcome.
An error of law happens when the judge correctly understands the facts but misapplies the law to those facts. An error of fact occurs when the judge misinterprets or has incorrect facts, leading to a misunderstanding of the situation.
Children need legal representation to ensure their voices are not just heard but also considered and respected in family law matters. This representation, which is focused on their best interests, provides an independent voice in court proceedings related to divorce, separation, or guardianship.
Legal counsel for children involves:
This advocacy helps protect their rights and emotional well-being during legal disputes.
Legal representation for children ensures that their views and best interests are central to the court’s decision-making process. By providing an independent voice, child representation can lead to more informed and balanced outcomes that consider the child’s unique needs and circumstances.
Yes, financial aid is available to help cover the costs of legal representation for children. Programs like Legal Aid are incredible for ensuring that every child has access to the legal support they need, regardless of their family’s financial situation.
A desk divorce in Alberta is a straightforward and simplified process for uncontested divorces. It is granted based solely on the paperwork submitted to the court, without the need for a court appearance. Both parties must agree on all related matters such as property division, child custody, and support.
A desk divorce is suitable for couples with an uncontested divorce, where both parties agree on all terms, including property division, child custody, and support. It is ideal for couples who want to cooperate and reach an agreement without court intervention.
Desk divorces are typically quicker, more cost-effective, and less stressful than contested divorces. They also maintain privacy by handling matters through paperwork, avoiding court appearances, and making the process simpler for both parties. This cost-effectiveness can provide a sense of financial security and control during the divorce process.
An uncontested divorce generally takes around three months from the date the paperwork is filed. This timeline includes the court processing and returning the filed divorce judgment.
If you and your spouse cannot agree on property division, seeking assistance from a family law lawyer or a mediator can help negotiate a settlement. If mediation fails, the court may intervene, deciding based on factors like each spouse’s contributions and the length of the marriage.
The Family Property Act governs the division of property for married and common-law couples in Alberta. The act ensures a fair and equitable distribution of assets and liabilities, considering the contributions of both spouses, the duration of the marriage, and their financial situations.
Exempt property includes assets brought into the marriage or inherited. However, any increase in their value during the marriage is typically not exempt from division. The division is done in a just and equitable manner, considering various factors.
You can apply for exclusive possession of the marital home as an interim measure while resolving all matters related to the separation. The court will consider factors such as each party’s financial position, the needs of any children, and the availability of alternative accommodation.
Decision-making responsibility, which used to be called ‘custody,’ is the legal right of a parent to make important decisions about their child’s life. These decisions can be about their education, health, religion, and other significant aspects of their upbringing.
Parenting time, previously known as ‘access,’ is the specific amount of time a child spends with each parent after they separate or divorce. This arrangement ensures that both parents continue to play an active role in the child’s life.
Grandparents do not have an automatic right to see their grandchildren. However, the court may grant access if the grandparent can demonstrate that maintaining contact is in the child’s best interests.
A parent cannot decide to move away with a child unilaterally if it impacts the other parent’s parenting time. The parent wishing to move must apply to the court, which will consider whether the move is in the child’s best interests before granting permission.
An Alberta family lawyer must review your legal rights and entitlements, ensure you understand them, and confirm that you are signing the agreement freely and voluntarily without undue influence or duress.
For a separation agreement, the disclosure requirements can vary, but they often involve Form Fl-17 of the Alberta Rules of Court. Your lawyer’s job is to make sure you have all the necessary information to understand how property will be handled and divided under the Family Property Act of Alberta.
Seeking legal advice before entering mediation or settlement discussions with your spouse is advisable. Your lawyer can recommend necessary disclosures and ensure you are prepared for negotiations.
A separation agreement is advisable if you and your partner have children, own property, or have joint bank accounts. Similar to married couples, it helps outline the division of assets, custody arrangements, and support obligations.
Spousal support is determined by several factors, including each partner’s financial situation, the length of the marriage, and their respective contributions to the marriage. The Court evaluates these factors to decide if support is necessary and fair.
The Court decides the amount and duration of spousal support, considering the recipient’s needs, the payor’s ability to pay, and the guidelines set by the Court. The Spousal Support Guidelines provide a framework, but the judge has the final say.
Yes, spousal support orders can be modified if there are significant changes in either party’s circumstances, such as income, employment status, or financial needs. The requesting party must apply to the Court for a modification.
In most cases, periodic spousal support payments are taxable to the recipient and tax-deductible for the payor. However, it’s essential to consult with an accountant to understand the specific tax implications for your situation
Child support is financial assistance to cover a child’s basic needs, like food, clothing, and shelter. It ensures that children continue to have a similar standard of living after their parents separate or divorce, maintaining financial support despite changes in parental relationships.
Yes, child support is a legal obligation. Both parents are responsible for financially supporting their children. The parent who does not have primary custody typically pays child support to the parent who primarily cares for the children.
The amount of child support is calculated based on the Federal Child Support Guidelines (FCSG) or Alberta Child Support Guidelines (ACSG). It depends on the paying parent’s income and the number of children. The parents share special and extraordinary expenses proportionally based on their incomes.
Child support is paid to the parent with primary custody of the child. This payment ensures the child’s financial needs are met while in the other parent’s care. The funds are intended solely for the child’s benefit, not the receiving parent’s personal use.
Yes, having a will or trust in Canada protects your wishes for the future of your assets. Without these documents, your estate will be distributed according to the rules of intestacy, and your intentions may be neglected. A personalized estate plan crafted by legal experts can safeguard your legacy.
An estate plan, which can include both wills and trusts, is beneficial for addressing a wide range of concerns beyond what a will alone can cover. It helps manage assets, avoid probate, prevent family conflicts, and establish guardianships.
No, Canada does not recognize holographic wills under any circumstances. A handwritten will does not hold legal weight. Creating an official will through a lawyer is important to ensure your wishes are respected, and your loved ones are protected.
Important estate planning documents to include with your will are a revocable living trust, beneficiary designations, digital asset trust, durable power of attorney, living will, and a letter of intent. These documents help ensure a comprehensive estate plan.
Colborne Allyjan Law provides a wide range of services, including:
You can book a free consultation with Colborne Allyjan Law by contacting our office directly at 403-718-9891, emailing info@calawyers.ca, or using our contact form. During the consultation, you can discuss your legal needs and explore how our experienced team can assist you.
Yes, it is advisable for each party to hire separate lawyers to ensure that both individuals receive independent legal advice. This helps to prevent conflicts of interest and ensures that the agreement is fair and legally binding.
At Colborne Allyjan Law, all lawyers work together on every file, pooling their expertise and resources to develop comprehensive legal strategies. This collaborative approach ensures that clients receive the best possible representation and outcomes, benefiting from the combined knowledge of the entire team.
While each case is different, we’re committed to offering fair pricing for our services.