Blogs, Recent Decisions, & News

“In the Best Interests” of the Child- What Does It Really Mean?

“In the Best Interests” of the Child- What Does It Really Mean?

Posted Apr 8th, 2021 in Family Central Law Firm Blog

The best interests test is a highly fact driven analysis, which is why it is important for parents to be aware of the factors listed in Section 16(3) of the Divorce Act. When parents do not agree on their parenting schedule and responsibilities, they need to be prepared to show why the parenting arrangement they are seeking is in the best interest of their children, and not simply what they desire as parents. Given the expansive list contained in Section 16(3), parents need to be mindful tha...

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Separated Spouses and Occupation Rent

Separated Spouses and Occupation Rent

Posted Apr 4th, 2021

Immediately following separation, spouses often experience a transition period where they remain financially intertwined while working to divide their shared property. During this transition period, it is common for one spouse to continue residing in the family home while the other spouse moves out permanently or until a property agreement is finalized. Consequently, one party continues to benefit from living in the family home while the other party often incurs additional rent and living ex...

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Do I really need a lawyer? - The Importance of Independent Legal Advice

Do I really need a lawyer? - The Importance of Independent Legal Advice

Posted Mar 8th, 2021

Clients should understand the immense reluctance for judges or justices in Alberta to alter terms of an Agreement, to either render part or all of the agreement defunct, and leave the parties to the Agreement with uncertainty and further legal discontent.  Where at all possible the judicial review of an Agreement and the insertion of a decision that is counter intuitive to the terms of an Agreement with independent legal advice will be avoided.

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COVID-19 – Vaccinations for Children Under the Age of 16

COVID-19 – Vaccinations for Children Under the Age of 16

Posted Mar 2nd, 2021 in Family Central Law Firm Blog

Many parents remain divided on whether to vaccinate their children. Currently, the very recently developed vaccines approved within the last few months by Health Canada are approved for Children under the age of 16. It is the expectation that COVID-19 vaccines will be approved and in turn become available for children under the age of 16 in the future.  To this end, all parents, and especially those separated / divorced parents now co-parenting their children, will have to resolve any compet...

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Retroactive Child Support Applications when Children Reach the Age of Majority

Retroactive Child Support Applications when Children Reach the Age of Majority

Posted Jan 25th, 2021

Because of the Court’s interpretation of s. 15.1 in D.B.S. v. S.R.G., lower Courts, including here in Alberta, have been reluctant to grant retroactive support orders when the Child of the relationship has reached the age of majority, even in circumstances where the parties have an existing child support order in place. In the recent Supreme Court of Canada Decision of Michel v. Graydon, [2020] SCC 24, the Court determined that an Order for retroactive child support can be granted under Brit...

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Foreign Marriages in Canada - What you need to know before you marry outside of Canada

Foreign Marriages in Canada - What you need to know before you marry outside of Canada

Posted Dec 7th, 2020

Whether your wedding occurred as a traditional marriage ceremony in Ethiopia, a beach vacation wedding in Portugal, or a wedding in Las Vegas, there may be a time that you are required to prove the validity of your foreign marriage. Spouses may have to demonstrate the validity of their foreign marriage for various reasons, including when parties are seeking a divorce and division of matrimonial property or when parties seek to benefit as a ‘spouse’ under certain government programs. When...

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November 24, 2020 Public Health Order & Parenting in Alberta

November 24, 2020 Public Health Order & Parenting in Alberta

Posted Dec 2nd, 2020

The 2020 holiday season will certainly feel different than it has in previous years.  Families across Alberta are adjusting traditional holiday plans to account for the new COVID-19 measures enacted by the Provincial Government.  

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COVID-19 - When parents disagree over online or in-person learning for their children

COVID-19 - When parents disagree over online or in-person learning for their children

Posted Oct 30th, 2020

A review of family law cases in Canada and the factors that likely will be considered in a court deciding what is in a Child’s best interests when assessing if online or in-person learning is most appropriate during the COVID-19 pandemic.

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Child Support Guidelines- Section 7 Expenses- An Overview

Child Support Guidelines- Section 7 Expenses- An Overview

Posted Oct 20th, 2020

Under Section 7 of the Federal Child Support Guidelines and the Alberta Child Support Guidelines a parent may be obligated to pay, or entitled to receive, an additional amount of child support over the monthly base amount. The additional amount is intended to cover special or extraordinary expenses for the child, and may cover all or a portion of the following expenses for a child: childcare expenses incurred as a result of the custodial parent’s employment, education, or training for emp...

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Child Support in Alberta and Imputation of Income

Child Support in Alberta and Imputation of Income

Posted Oct 6th, 2020 in Family Central Law Firm Blog

In the recent Alberta Court of Appeal decision of MacDonald v Brodoff, 2020 ABCA 246, the Court of Appeal, signalled that it might be time to reconsider the previous decision in Hunt v Hunt-Smolis. In MacDonald, the Court analyzed the imputation of income in the context of a shared parenting arrangement.

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