Kolinsky Law Archives – Page 11 of 13

Difference between Sole or Full Custody, Joint Custody, Shared Custody, and Split Custody in Alberta

by admin | Aug 8, 2023 | Best Lawyers in Edmonton, Blog, Child Custody, Child Custody Lawyer

When it comes to family dynamics, custody arrangements carry significant weight in determining how parents share responsibilities and time with their children after separation or divorce. Alberta, Canada, offers various custody options, each with its own distinct features and implications. This article aims to elucidate the differences between sole or full custody, joint custody, shared custody, and split custody arrangements prevalent in Alberta, providing clarity on the diverse choices available to families navigating these intricate situations.

1. Sole or Full Custody: Who Holds the Decision-Making Reins?

Sole Custody:

What is sole custody, and how does it work?

Sole custody designates one parent as the primary decision-maker and custodial parent. In this scenario, the custodial parent holds the authority to make major life decisions, such as education, healthcare, and religion. While the non-custodial parent may have visitation rights, the custodial parent’s decisions typically prevail in matters pertaining to the child’s upbringing.

When is sole custody considered?

Courts often consider sole custody when concerns arise about the non-custodial parent’s capacity to provide a stable and secure environment for the child. Factors like a history of abuse, neglect, or substance abuse play a pivotal role in determining whether sole custody is appropriate. However, visitation rights for the non-custodial parent may still be granted under these circumstances.

Full Custody:

Is there a difference between full custody and sole custody?

Full custody is often used interchangeably with sole custody, yet nuances exist between the two. In a full custody arrangement, the custodial parent retains all decision-making authority and primary responsibilities for the child. The non-custodial parent’s role is often limited to visitation rights, unless otherwise specified.

In Alberta, the distinction between sole and full custody might not be of utmost significance, as both arrangements emphasize the custodial parent’s authority and responsibilities.

2. Joint Custody: Finding Harmony in Shared Responsibilities

What does joint custody entail?

Joint custody involves both parents sharing decision-making responsibilities and authority for their child’s upbringing. However, this arrangement does not necessarily entail equal time-sharing between parents. Joint custody emphasizes collaborative decision-making for significant life choices, fostering a balanced role for both parents.

joint custody Alberta

When is joint custody an option?

Joint custody thrives when parents can effectively communicate and cooperate with one another. This arrangement upholds the value of involving both parents in the child’s life and promoting stable transitions between households. Tailoring the arrangement to the family’s unique dynamics ensures the child’s best interests remain paramount.

3. Shared Custody: Balancing Time and Responsibilities

What sets shared custody apart?

Shared custody surpasses joint custody by incorporating an equal or nearly equal distribution of time and responsibilities between both parents. Children in shared custody arrangements spend substantial time with each parent, often following a schedule that alternates between households at regular intervals. Shared custody aims to provide a balanced distribution of parental duties and presence in the child’s life.

When does shared custody thrive?

Shared custody is contingent upon a high level of parental cooperation and communication. The shared nature of responsibilities requires parents to work together harmoniously, ensuring equal participation in decisions and parenting duties. This arrangement prioritizes consistency and meaningful relationships with both parents to support the child’s emotional well-being and overall development.

4. Split Custody: Recognizing Individual Needs

What defines split custody?

Split custody is an arrangement designed for families with multiple children, where each parent has primary custody of at least one child. This approach acknowledges that each child has unique needs and relationships with both parents. Consequently, split custody recognizes that the best arrangement for one child may differ for another.

When is split custody considered?

Split custody is most relevant when children’s individual needs diverge significantly. While this approach allows children to maintain strong relationships with both parents, it can lead to siblings being separated. Courts weigh individual child’s needs and relationships when assessing the feasibility of a split custody arrangement.

5. Legal Factors: The Best Interests of the Child

In Alberta, custody decisions are guided by the “best interests of the child” standard. This legal principle places the child’s physical, emotional, and psychological well-being at the forefront. Courts consider factors such as the child’s age, relationship with each parent, parental ability to create a stable environment, and willingness to foster the child’s relationship with the other parent.

Kolinsky Law for Child Custody

Selecting an appropriate custody arrangement is a consequential decision that shapes the post-separation dynamics of families. Alberta presents a spectrum of custody options: sole custody, full custody, joint custody, shared custody, and split custody. Ascertaining the right fit involves prioritizing open communication, cooperation, and, above all, the child’s best interests.

Navigating the complexities of custody arrangements requires careful consideration of family dynamics and legal implications. Seeking advice from our lawyer well-versed in Alberta’s family law ensures that the chosen custody arrangement aligns with the unique needs and priorities of each family.

Understanding the Difference Between Contested and Uncontested Divorce in Edmonton, Alberta

by admin | Jul 26, 2023 | Best Lawyers in Edmonton, Blog, Divorce and Separation, Divorce Attorney, Divorce Lawyer, Divorce Mediation

Divorce can be a challenging and emotionally charged process, and the way it unfolds often depends on the level of agreement between the parties involved. In Alberta, as in many other jurisdictions, divorces can be categorized into two primary types: contested and uncontested. Each approach has its own set of characteristics and implications, and understanding the differences can help individuals navigate the divorce process more effectively.

What Is Contested Divorce?

A contested divorce occurs when the spouses are unable to reach a mutual agreement on critical issues such as the division of property, child custody, spousal support, or any other significant aspect of the divorce settlement. In such cases, the court becomes the decision-maker, and the process tends to be more complex, time-consuming, and costly.

Key Characteristics of Contested Divorce

1. Disagreements on Major Issues: In a contested divorce, spouses have substantial disagreements about fundamental matters, often requiring legal intervention to resolve.

2. Court Involvement: Contested divorces usually involve court hearings, where a judge will make decisions on issues where the spouses cannot reach an agreement.

3. Higher Legal Costs: Legal fees can escalate in contested divorces due to the extended court proceedings and the involvement of lawyers to represent each party.

4. Lengthy Process: Contested divorces generally take longer to conclude, potentially stretching the process over several months or even years.

5. Emotional Toll: The adversarial nature of contested divorces can take a significant emotional toll on both spouses and any children involved.

Real-Life Example:

Imagine a couple in Alberta who cannot agree on the division of their substantial assets and the custody arrangements for their children. This leads to a contested divorce where they each hire lawyers to present their cases in court, resulting in a protracted legal battle.

What Is Uncontested Divorce?

Conversely, an uncontested divorce occurs when both spouses can agree on all critical issues related to their separation. This type of divorce is generally faster, less expensive, and less emotionally draining than a contested divorce.

Key Characteristics of Uncontested Divorce

1. Mutual Agreement: In uncontested divorces, the spouses have reached a mutual agreement on all essential issues, including property division, child custody, and support.

2. No Court Hearings: Since there are no disputes to resolve in court, uncontested divorces do not involve hearings before a judge.

3. Lower Legal Costs: Legal expenses in uncontested divorces are typically lower, as lawyers are mainly involved in drafting the necessary legal documents.

4. Quicker Resolution: Uncontested divorces are generally resolved more quickly, often within a few months.

5. Less Emotional Strain: With fewer conflicts, uncontested divorces tend to be less emotionally challenging for all parties involved.

Real-Life Example:

Consider a couple in Alberta who have decided to separate amicably. They have no children, and they have agreed on the fair division of their shared assets. In this case, they can pursue an uncontested divorce, which allows them to part ways swiftly and without the need for contentious legal battles.

Contested vs. Uncontested Divorce: A Comparison

To provide a clear overview of the differences between contested and uncontested divorces, let’s break down the key distinctions in a table:

Aspect	Contested Divorce	Uncontested Divorce
Major Disagreements	Present	Absent
Court Involvement	Extensive	Minimal
Legal Costs	Bit High	Lower
Duration	Lengthy	Quick
Emotional Impact	Significant	Minimal

It is crucial to note that the decision to pursue a contested or uncontested divorce largely depends on the specific circumstances of each case. While uncontested divorces are generally less complicated and less expensive, they may not be suitable when there are significant disputes between the spouses.

Factors to Consider in Alberta Divorces

When contemplating divorce in Alberta, it’s essential to consider several factors, regardless of whether you are leaning towards a contested or uncontested divorce:

Legal Requirements:

1. Residency: To file for divorce in Alberta, at least one of the spouses must be a resident of the province for a minimum of one year before starting the divorce proceedings.

2. Grounds for Divorce: Alberta operates under a “no-fault” divorce system, meaning you do not need to prove fault or wrongdoing by your spouse to obtain a divorce. The only ground for divorce is the irretrievable breakdown of the marriage.

Child Custody and Support:

1. Custody Arrangements: In cases involving children, it is crucial to establish custody and access arrangements that are in the best interests of the child.

2. Child Support: Determine child support obligations, which are calculated based on the Federal Child Support Guidelines.

Property Division:

1. Matrimonial Property: Alberta law divides matrimonial property equitably, but not necessarily equally. Assets acquired during the marriage are subject to division.

2. Spousal Support: Spousal support may be awarded based on factors such as the length of the marriage, the financial circumstances of each spouse, and their ability to become self-sufficient.

Conclusion

In Alberta, whether you choose a contested or uncontested divorce largely depends on the level of agreement between you and your spouse. While uncontested divorces offer a more straightforward and cost-effective path, contested divorces become necessary when significant disputes are at play.

It’s essential to consult with a Kolinsky Law firm in Edmonton that specializes in family law to assess your specific situation and guide you through the divorce process. Ultimately, the goal should be to minimize the emotional strain, financial burden, and legal complexities that often accompany divorce, regardless of whether it is contested or uncontested.

As you navigate the intricate landscape of divorce, remember that seeking amicable solutions and open communication can contribute to a smoother and less painful separation process, potentially allowing both parties to move forward with their lives more positively.

What are grounds for full custody of child in Alberta

by admin | Apr 27, 2022 | Blog, Child Custody, Child Custody Lawyer

The parent-child bond creates a powerful connection that few people would let go of willingly. Although divorces and breakups are famous for inspiring disputes over money, an Edmonton family lawyer will tell you that the most emotional conflicts arise from child custody disputes. Although the law recognizes that children need a relationship with both parents and promotes shared parenting as the ideal, full custody remains an option when the circumstances demand it.

Only very narrowly defined circumstances provide grounds for a judge to restrict parental rights and award full or sole custody to one person. A parent or other guardian petitioning for full custody must prove that the other parent is unfit and cannot fulfill the best interests of the child.

Canadian Child Custody Terminology

When parents talk about child custody, they are often lumping together the legal concepts of parenting time and decision-making responsibility. These terms correspond to what people think of as physical custody and legal custody respectively. Updates to the Divorce Act in 2021 sought to clarify these terms.

Parenting time is time that a parent spends with a child. Co-parents might split the parenting time equally or set up a schedule that fits their lifestyle and the best interest of the child. Parenting time is the aspect of child custody that involves being with the child and providing physical care. The second aspect is decision-making responsibility.

The amount of parenting time someone has does not necessarily correlate with decision-making responsibility, which is the legal right to direct important elements of a child’s life. A parent with this right makes choices related to a child’s cultural and religious upbringing as well as education, health care, and other activities.

A parent who wants full custody, also known as sole custody, likely wants all parenting time and all decision-making responsibility. For sole custody, lawyers in Alberta to pursue such a request, they need to present convincing evidence about parental unfitness.

What Is an Unfit Parent in Alberta?

A judge may rule that a parent is unfit due to:

Abuse of alcohol or other drugs
Mental illness
Domestic abuse
Child abandonment or neglect

The Child, Youth and Family Enhancement Act of Alberta sets guidelines for identifying neglect.

Neglect occurs when a parent:

Fails to care for a child properly
Deprives a child in a social, cognitive, or physiological manner
Deprives a child of emotional support
Physically or sexually abuses a child
Leaves a child in a dangerous place
Deserts the child

Evidence about a dangerous environment or mistreatment could come from photographs, witness testimony, and police reports. A parent might obtain emergency child custody in Alberta on the basis of preliminary evidence. However, even if a judge grants an emergency custody order for only one parent, the final custody arrangement will not necessarily be the same. A court will take more time and care before making a final ruling on the matter.

A parent or guardian who needs to prove that another parent is unfit will likely want representation from the best child custody lawyer in Edmonton. These are complex cases, and courts are not eager to grant full custody unless a parent clearly threatens the best interests of a child.

full child custody

How Do I Get Full Custody of My Child in Alberta?

The best interest of the child always guides judicial decisions about child custody. A person seeking sole custody in Alberta must make the case that living with the other parent or allowing that person to make decisions about the child would harm the child or pose a direct danger.

Judges consider many factors when evaluating a child’s best interest. When addressing the question of parental fitness, a judge will think about:

Did the child have a relationship with the parent?
Can the parent meet the everyday physical and emotional needs of the child?
Can the parent provide a stable and secure home life?
Is there a history of domestic abuse or sexual abuse?
Does the parent live in the region?
Is there a history of addiction?
Is there evidence of a serious mental illness?
Is there a history of incarceration?
Will the parent cause physical or psychological harm to the child?
Will the parent expose the child to drugs or alcohol abuse?
Does the parent show interest in having child custody?

Can a Child Decide Which Parent to Live With in Alberta?

A court may consider the wishes of an older child but this does not necessarily influence the final decision. A court must evaluate the developmental stage and maturity of the child before factoring in the child’s opinion. Generally, courts do not want to put a child in a position of picking one parent over the other. However, a custody dispute that involves allegations of abuse, neglect, or parental substance abuse might require input from the child.

How to Gather Evidence That a Parent Is Unfit?

A parent who wants full custody likely already has some evidence of parental unfitness against the other party. To prepare a thorough case, a parent can contact at Kolinsky Law in Edmonton any time. The burden is on the parent to prove that the other parent should be restricted from contact with the children. A court may order an in-home child custody evaluation to assess the situation and provide a judge with a professional third-party opinion.

Evidence to support allegations against an unfit parent could come from many sources, such as:

Medical reports about child injuries
Arrest reports about the parent
Statements from teachers, childcare workers, relatives, or neighbors
Pictures of drugs or drug paraphernalia in the home
Pictures of bad living conditions
Medical testimony about a parent’s serious psychiatric condition

Talk to a Child Custody Lawyer in Edmonton

When your child’s safety is in peril, you cannot make compromises. Before believing that you cannot get full custody, get the opinion of a family lawyer at Kolinsky Law. We have experience handling complex and contentious child custody disputes. We can communicate your evidence effectively and promote your child’s best interests in court. For an accurate assessment of your parental rights, contact our office in Edmonton immediately.

Alberta section 7 child support expenses

by admin | Mar 9, 2022 | Blog, Child Custody, Child Custody Lawyer, Child Support

Federal and Alberta Child Support Guidelines separate child support expenses into two categories. Section 7 of the federal law describes child-related expenses beyond the baseline expenses considered within Section 3, such as housing, clothing, and food. Section 7 broadens the scope of the expenses covered by child support in Alberta to include additional or extraordinary bills necessary for maintaining a child’s lifestyle and wellness.

Families have different incomes and needs. The Alberta Section 7 expenses guidelines do not require every parent to pay every type of expense authorised by Section 7. Your individual circumstances and justifiable desires determine the assignment of these expenses. Consulting a lawyer experienced with Alberta family law will provide you with specific insights about how your child support will be calculated.

What Do Section 7 Child Expenses Include in Alberta?

Child care expenses – A custodial parent who needs to pay for child care for the purpose of going to work or attending school for employment has a legal right to request support from the other parent to cover a share of this cost. A parent who is ill or disabled also may request support to pay for child care services.

Health-related expenses not covered by insurance – The uninsured cost of medical and dental services qualifies as a Section 7 expense. This category includes bills for prescription drugs, orthodontics, and prescription lenses.

Post-secondary education – Just as couples who together share the burden of paying for their children’s attendance at universities or trade schools, separated or divorced parents must do the same. Support payments could apply to tuition, school housing, fees, and text books.

Extracurricular activities – Children often produce additional costs for music lessons, athletics, and other organised group activities. These enriching activities are often viewed as important for a child’s development and happiness. A court will likely agree that both parents should split the cost of extracurricular activities especially if the child participated in them prior to the end of the parents’ relationship.

Extraordinary educational costs – Section 7 recognises that children may require additional services during primary or secondary school. Examples of these expenses include fees for tutors or field trips.

Medical and dental insurance premiums over $100 annually – Keeping a child on a medical or dental plan costs money. The law will support reasonable requests that child support amounts include a share of the expense of a child’s portion of the insurance premium.

Who Pays Section 7 Child Expenses?

The Federal Child Support Guidelines expect both parents to contribute to Section 7 expenses. The division of the cost might be equal or unequal depending on parental income.

Whether you will be receiving or paying a portion of a Section 7 expense, you need to be ready to document your income and the need for the support. The health conditions of a special needs child can be illustrated with reports and letters from medical professionals.

When Are Section 7 Expenses Necessary?

As with all things related to child custody and support, the best interests of the child guide judicial decisions about Section 7 expenses. Your request that a child support order includes one or more Section 7 expenses needs to include supporting documentation that demonstrates the need for the payment.

A court weighs Section 7 decisions based on:

Necessity
Reasonableness
Family spending patterns

Necessity presents the first factor. A child with health problems will need to see medical professionals more often than the average healthy child. Additional medical bills and insurance premiums will burden the parents financially. The necessity of these expenses is quite clear.

Outside of obvious necessity, an expense might still be deemed necessary if it would serve the best interests of the child. A child gifted in academics, music, or athletics, might already have been engaged in special programs or attending a private academy. Such expenses could qualify as a necessity because denying the child the opportunity to continue these activities would go against the child’s best interests.

Even if you cannot argue that an expense is absolutely necessary, it may be reasonable. Any child, even in the absence of special talents, deserves a chance to participate in extracurricular activities. Therefore, athletic fees or travel costs for field trips could meet the standard of reasonableness under many circumstances.

Additionally, most parents agree that their children should have a chance to attend post-secondary educational institutions. Having both parents contribute to the cost is reasonable.

However, the reasonableness standard could help you push back against requests for support that appear unreasonable. For example, if a parent suddenly wants a child to go to private school, then a court might not agree that the extra expense is reasonable in light of the parent not desiring it previously.

Family spending patterns factor into Section 7 expense decisions as well. Previous spending behaviour can help a judge know whether an expense is reasonable. Family law directs the courts to try and maintain a child’s material lifestyle after a divorce. Expenses that parents were paying for prior to a divorce create a pattern that justifies a continuance of paying for those expenses.

How Are Section 7 Expenses Calculated in Alberta?

Parents with roughly equal income levels would divide the bills 50/50. The share shifts when one parent has a higher income. For example, a parent whose income is 30% higher than the other parent’s income would pay a share 30% higher than the co-parent.

Various tax deductions, credits, or other subsidies could also factor into the support amount that a parent is directed to pay. Any available benefits that would reduce the cost burden of a child-related expense would deduct from the amount that either parent needs to pay.

Negotiating Section 7 Expenses Between Parents

You do not have to leave the final decisions and calculations of Section 7 expenses in the hands of a court. Parents may negotiate between themselves privately about how they will divide the extra costs associated with raising their children.

Although coming to terms with a former partner can be challenging, you would benefit from working out a deal privately. You would not have to wait for a court date or pay the extra legal fees necessary for a hearing before a judge. You also avoid the risk of a court not approving your request or burdening you with a cost that you had not expected to pay.

Advice from a child support lawyer in Edmonton could prepare you to negotiate these expenses. A lawyer will help you understand what expenses are included in child support. This information lets a parent know what would be included under Section 3 and what could qualify under Section 7.

When speaking with the co-parent, you may find it helpful to present the receipts for the current expenses. The documentation could aid in resolving the matter when a parent sees what services are being provided. If you think that you are being asked to pay too much or a co-parent rejects your request, an Edmonton family lawyer can advance the issue to a courtroom and communicate your needs.

Speak With an Edmonton Child Support Lawyer

Most parents want what is best for their children. When negotiating child support amounts with a co-parent, you need to know everything that should factor into that decision. At Kolinsky Law, we represent people in all matters of family law. We aim to broker efficient solutions that meet a family’s financial situation whether that means going to court or conducting private negotiations. To make fully informed decisions about child support, contact our office today.

Everything you need to know about changes to the Alberta divorce act in 2021

by admin | Jul 14, 2021 | Best Lawyers in Edmonton, Blog, Divorce and Separation, Divorce Attorney, Divorce Lawyer, Divorce Mediation

Divorces in Alberta, by their nature, are disruptive. When children are involved, family law has traditionally placed a priority on their physical and emotional needs due to the upheaval that they experience. The Divorce Act amendment that came into effect on March 1, 2021, elevates the best interests of the child. It also includes updated legal terminology, recognition of family violence, and addresses relocation issues.

As you consider ending your marriage, you should understand these changes to the Divorce Act. If you choose to go forward with a divorce, the new terminology and rules will impact the process. You may choose to consult an Edmonton Divorce Lawyer when you have questions about how the modernised Divorce Act could apply to your family situation.

What Is the Divorce Act?

The Divorce Act is national legislation originally passed by Parliament in 1968. It outlines laws concerning divorce, separation, and child custody and support. The act defines legal terms and rights and sets forth the process for dissolving a marriage. The Court of the Queen’s Bench of Alberta oversees divorces within the province in accordance with this federal law and other provincial family laws.

Why Was the Divorce Act Amended?

The amendments within section 12 of Bill C-78 address a variety of issues, but the primary purpose of the update was to increase the importance of the best interests of the child when making decisions around parenting time relocation. Although this principle has always held great legal importance, the amendment now directs courts to “only” consider the best interests of the child.

According to the Law Society of Alberta, other smaller changes in the amendment ease court burdens should an electronic hearing be needed or someone other than a parent needs to obtain or modify a contact order. New rules also apply to inter-jurisdictional applications.

Who Is Affected by the New Divorce Act Rules?

Anyone in Edmonton moving forward with a divorce after March 1, 2021, will follow the updated laws, terminology, and procedures as mandated by the amendment. If you already initiated a divorce before the effective date but have not yet received a final divorce order, then your divorce will move forward under the new laws.

Overview of Divorce Act Changes for Alberta Families

Because the amendment represents the first major overhaul of the Divorce Act in decades, it covers plenty of legal territory. For the most part, the changes fall into five major categories:

Legal terminology
Alternative dispute resolution
Best interests of the child factors
Family violence
Relocation

New Divorce Terminology

Lawmakers eliminated the old terms “access” and “custody” and replaced them with “parenting time” and “decision-making responsibility.” Sometimes the previous terms caused confusion, and the new legal language may help people more fully understand their rights and responsibilities during the divorce process.

What Is Parenting Time?

This term describes the time that a parent and child spend together. Parents have the right to determine the schedule for dividing their individual time with children as long as they agree and a court does not deem the schedule to interfere with the best interests of the child.

Generally, parents choose to split their parenting time on a mostly equal schedule or assign the bulk of parenting time to one parent while the other parent has the children less often. Many reasons could prompt a parent to choose limited parenting time, such as a need or desire to live in a different location or an inability to provide an acceptable home for children.

What Is Decision-Making Responsibility?

Decision-making responsibility is not determined by the amount of parenting time that you have. A parent who must travel for work and therefore cannot provide the primary parental household may still have full or partial decision-making responsibilities. These responsibilities encompass the right to make major decisions about a child’s life in regards to education, religion, cultural traditions, health care, and extracurricular activities. You may need the representation of a divorce lawyer to influence whether you have full decision-making responsibilities, partial control, or no input over decisions.

Alternative Dispute Resolution

The amendment promotes the goal of avoiding litigation whenever possible. Mediation, collaborative family law, co-parenting counselling, and arbitration are all forms of alternative dispute resolution. According to the amendment, a divorce lawyer should advise you of these options and encourage you to explore ADR whenever feasible. Negotiating divorce agreements privately could resolve problems faster than waiting for a court to issue a decision.

Factors Guiding the Determination of the Best Interests of the Child

Now that the best interests of the child are preeminent when making decisions in a divorce, the updated laws provide more guidance about the factors used to define the best interests of the child. Previously, federal and Alberta laws offered little guidance beyond valuing the physical, emotional, and psychological well-being of a child. The amended federal Divorce Act now lists certain factors. However, a court may consider any pertinent issues even if they are not specifically included in the amendment.

Influential factors:

Child’s needs according to age and developmental status
Child’s relationship with each parent
Parental willingness to have a relationship
Parental history of caring for the child
Child’s preferences considered in conjunction with child’s maturity level
Child’s heritage
Willingness and ability of parents to cooperate with caregiving
History of family violence

Family Violence

The original Divorce Act and previous amendments contained no language about family violence. The 2021 amendment now clearly defines family violence and requires judges to consider it when deciding on a contact order. Among other issues, a judge must weigh the frequency or pattern of violence, nature of violence, and it’s physical, emotional, or psychological impact on the child. The law specifies that the violence does not necessarily have to be inflicted directly on a child. Exposure to family violence represents an issue a judge should take into account. Additionally, conduct does not have to result in an actual criminal offence to qualify for consideration.

Relocation

After a divorce has been settled, occasions can arise when a parent wants or needs to move. Legal changes now obligate a parent with any decision-making authority or parenting time to inform the other parent of the desire to move in writing 60 days prior to the intended move. Court forms must be prepared. The other party may consent or dispute the relocation. If a court must decide the issue, the best interests of the child once again direct the outcome.

Updated Forms at the Court of the Queen’s Bench of Alberta

The changes to the Divorce Act have resulted in amendments to the Alberta Rules of Court. As of March 1, 2021, Alberta courts have updated their court forms to reflect the new procedures and terminology that now apply to divorces.

How Will the Changes Influence My Divorce in Alberta?

The changes to the Divorce Act will have the most bearing on parents who get divorced. The best interests of the child must be satisfied at every turn as parenting time, contact, and decision-making responsibilities are determined. If family violence is an issue in your case, the new law makes it much easier for a judge to recognise the seriousness of such events.

Every divorce revolves around factors and priorities unique to a family. Talking to a Divorce Lawyer in Edmonton, Alberta, can clarify your legal position and help you negotiate an acceptable outcome. You may even avoid the expense and delay of a courtroom battle through an enhanced legal emphasis on ADR.

At Kolinsky Law, you can access up-to-date legal advice as you navigate immediate and long-term decisions related to your divorce. Solutions to complex and distressing family problems can be found when we advocate for your rights. The changes to divorce law are meant to produce the best results for families. Contact Kolinsky Law today for crucial guidance about your divorce.

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