children

Surviving the Holidays

The holiday season can look a lot different for kids who may be experiencing their first holiday season since their parents have recently separated or are having relationship difficulties. With so much focus on the “business” of Christmas and on the problems  parents are facing themselves, the fact that things are also changing for their […]

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I am going through a separation, why do I need to take the Parenting After Separation Course?

There are many good reasons to attend this course. First, it is free and a great opportunity to obtain some helpful legal and practical advice early in the separation process. Second, it helps parents to develop a parenting plan or arrangement and gives parents information and tools they need to work together as parents for […]

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Our incomes have changed, but Child Support payments have not!

The Albert Recalculation Program can help! Since 2015, all Child Support Orders granted in Alberta must state whether or not the Child Support Recalculation Program applies to that Order. The goal of the Recalculation Program is to help parents keep child support levels in line with their incomes, so that families can avoid the time […]

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I want to get divorced and I have 2 young children. My lawyer is asking me for my Tax Returns. Do I have to provide them?

If you have children entitled to support, both you and your spouse will have to disclose your incomes to determine the child support obligations. Your current income and your  sources of income must be supplied to the Court. This information will be held in the  confidence by your lawyer and your spouse’s lawyer. You cannot […]

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January is International Child-Centred Divorce Month

A child psychologist wisely said that “children are like wet cement.  Everything that falls on them leaves an impression.” This reminds us that while a divorce is an ending of a marriage between two adults, it is not the end of the family relationship, nor is it possible for children to be unaffected. Divorce, like […]

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I have a Parenting Order and it says that my ex-spouse has parenting time this weekend. I don’t think COVID-19 mandatory public health measures are being followed. Do I have to send the kids to my ex-spouse’s home?

Yes. You must comply with the Parenting Order. You can apply to the Court to vary or change the Order, but the onus will be on you to show that the other parent has real plans or behaviors that are inconsistent with the current public health measures. Do not take advantage of the COVID-19 situation […]

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What is sole custody and what is shared parenting?

In making a parenting plan, consider two things: how will the authority to make parenting decisions be shared and how will the children spend time with each parent? Sole custody is rare and refers to one parent having sole authority to make major decisions. Joint custody, the more common scenario, means both parents share that […]

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When I’m acting as a personal representative (executor), do I need to be in contact with the beneficiaries?

While clear and regular communication with beneficiaries is always a good idea, it is also a requirement. At minimum, you are required to notify the beneficiaries of the following information: the name of the deceased person, your name and contact information, the gift the beneficiary will receive from the estate, and that gifts are subject […]

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I would like to add one of my children to the title of my home as a joint tenant so that she receives it when I die. Is this a good idea?

There are at least 3 things you should think about. Consider that once you’ve done that, you can longer sell the home or borrow against the home without your daughter’s consent. This limits your independence.  Further, there may be an unintended tax consequence if your daughter already owns a primary residence. Finally you may be […]

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We are taking our children to see their grandparents. I must return home to St. Albert before my wife and kids return. Do I need to sign a Travel Consent Letter?

For international travel, Canada Border Services Agency recommends that the non-travelling individual with guardianship rights, whether married or not, sign the letter in front of a notary public.  So, yes, it is recommended that you sign a Travel Consent Letter to permit your wife to re-enter Canada with your children. She may or may not […]

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My spouse and I have made a Separation Agreement. Do we need to file the written agreement with the Court for it to be binding?

No. An agreement is binding provided that it was entered into voluntarily, with a full exchange of financial information and with independent legal advice. Having said that, agreements often contain clauses dealing with matters that must be put before the Court in order to finalize a divorce, such as matters dealing with the support and […]

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My child’s other parent lives in another province. Which table do I use when calculating child support?

The Federal Child Support Guidelines (pursuant to the Divorce Act, Canada) set out tables for each province and territory. These tables show monthly amounts to be paid for a child’s basic and everyday needs, including things like food and clothes and often (though not always) things like school supplies.  When parents live in different provinces, […]

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Ask an Expert: What really are the differences between using the collaborative process rather than going to court?

There are a lot of reasons why so many people are choosing to resolve matters arising on separation outside of the court system. Some of the big ones include: 1. Confidentiality. Many personal and financial details can otherwise become part of the filed documents. 2. Creativity. Working together offers many more options regarding how to […]

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Ask an Expert: I’m getting divorced. How can I prepare myself to move forward more positively?

Research shows there are three preconditions for positive change. First, something must motivate an individual to want to change. Second, a different relationship that provides psychological safety, empathy, and attunement must exist (like with a divorce coach). Third, there must be optimal anxiety—just the right amount of discomfort in the present to want to move […]

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Ask an Expert: Focus on children at Christmas.

Recently, when discussing plans for Christmas with my family, we talked about how kids may experience the holidays when their parents have recently separated or are having relationship difficulties, which can be heightened over the holidays. With so much focus on the “business” of Christmas and on the problems parents are facing themselves, the fact […]

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Ask an Expert: I am separating from my wife, and we have one 12-year-old child. I have heard that he can decide with which parent to live. Is this true?

There is no magic age before 18. The wishes of children should be heard, but one must be extremely careful of creating a popularity contest between two parents. However, if there is no evidence of one parent trying to exclude the other, the older the child, the more likely the court will follow the wishes […]

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Ask an Expert: I am separating from my children’s other parent and was told to attend the P.A.S. seminar. What is it?

The Parenting After Separation seminar is an excellent resource available to parents who are going through a separation and have children under the age of 16. This free, six-hour seminar is required to be completed before a court will grant an order dealing with parenting or supporting children. Even if you are not litigating and […]

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Ask an Expert: Why take the Parenting After Separation course?

There are three very good reasons to attend this seminar. First, it is free and a great opportunity to obtain some helpful legal and practical advice early in the separation process. Second, it is typically taught by a lawyer and a psychologist or social worker, and its focus will be on how best to meet […]

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