Blogs, Recent Decisions, & News

Fun facts about lawyer Kelsey Forbes - learn more about our legal family

Fun facts about lawyer Kelsey Forbes - learn more about our legal family

Posted Aug 5th, 2021

Kelsey was called to the Alberta bar in 2019 and has been practicing in family law ever since. She joined Family Central Law in 2020 and enjoys the collegial firm environment. Before becoming a lawyer, Kelsey worked as a high school and university tutor, helping students with mathematics and chemistry. In her spare time, Kelsey enjoys bike riding, walking her dog, and watching sports. She is a particularly big fan of the NFL and NBA, and gets way too invested in her NFL fantasy league. Kelse...

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Fun facts about lawyer Alison J. Chickloski - learn more about our legal family

Fun facts about lawyer Alison J. Chickloski - learn more about our legal family

Posted Jul 30th, 2021

Alison has been practicing law since 2005 but has been perfecting her turkey stuffing recipe for years before that. Should you ask her, she will tell you that her favorite things in life are her dogs (Chiefu the rescue mutt, Yuki the Shikoku, and Bento the Shiba Inu), Deadmau5 (who she listens to constantly at her desk and may actually be listening to at the moment you read this),  and cooking.  At Family Central Law we want you to know the personal behind the legal professional as we believ...

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Does my Divorce Judgment include division of property between myself and my spouse?

Does my Divorce Judgment include division of property between myself and my spouse?

Posted Jul 26th, 2021

When filing a Statement of Claim for Divorce and Division of Family Property as the initiating document to commence a divorce proceeding, one might also then expect that division of property between spouses would also be included when finally receiving a Divorce Judgment and Corollary Relief Order at the end of a divorce proceeding.  However, that is not the case. A Divorce Judgment and Corollary Relief Order confirms your divorce has been granted, and what can also be addressed in this p...

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When does my Child Get to Speak?

When does my Child Get to Speak?

Posted May 26th, 2021

But in divorce, separation and custody matters, the voice of a child is not always directly heard. Parents will ask counsel and the Court ‘Why can’t my child say what they want?’  or ‘Can’t my child say where they want to live?’ or even ‘ Ask him if he wants a vaccination!  There is no exact response to theses questions but fortunately there are some options.  This is because each child matures at a different level. A very mature and eloquent eight-year-old may be able to vocalize their wish...

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Can I move with my children? – Mobility and the new Divorce Act

Can I move with my children? – Mobility and the new Divorce Act

Posted May 13th, 2021

When one parent seeks a substantial relocation with a child and the other parent objects, the moving parent may be required to make a mobility application. Until recently, the Divorce Act, the legislation governing divorced spouses, was silent on the issue of mobility. The Courts have long relied on the Supreme Court of Canada decision of Gordon v Goertz, [1996] 2 SCR 27, which outlines the test that moving parent must satisfy before being permitted to relocate with a child. This common law ...

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Does getting married or having a new partner affect payment of spousal support?

Does getting married or having a new partner affect payment of spousal support?

Posted May 2nd, 2021

Following separation or divorce, it is common for parties to find new life partners. This “re-partnering” is one factor that a court may consider relevant in determining a spousal support claim or variation. Re-partnering may impact a recipient’s entitlement to support as well as the quantum/duration of those spousal support payments. To understand how re-partnering may affect spousal support entitlement, there must be an understanding of the three grounds for spousal support – compensatory...

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Why is it important to have a well drafted Last Will and Testament?

Why is it important to have a well drafted Last Will and Testament?

Posted Apr 21st, 2021

Wills and Estate lawyers will readily advise clients that fixing the issues caused by poor drafting and a lack of precision in estate planning results in far more time required to complete the estate probate process, stress for clients and in turn likely far higher legal costs.     Clients are best served with hiring a well trained lawyer who regularly practices in the drafting of Last Will and Testaments, as well as the successful probate of an estate which is confirmed by the Court of Quee...

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“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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