We often get calls from people asking to put together a simple Cohabitation Agreement where each party keeps everything separate. Sounds simple, right? Not so fast. In the recent case of Barnes-Morrison v. Kolias, despite what seemed to be a well-documented Cohabitation Agreement, the Courts took a very different view and things did not turn ..read more

This blog adds to the previous blog on ideas to enforce agreements on child and spousal support payments. Step 1 is to confirm if there is also a court order on child and spousal support. Step 2 is to check the agreement for enforcement or dispute resolution clauses: such as mandatory mediation. In addition to ..read more

After the Separation Agreement has been signed, sometimes there are issues in following the parenting plan. The prior blog looked at this generally and this blog has a few more ideas specific to parenting. If this is an urgent situation, where the safety of the children is at risk or removal from the jurisdiction without ..read more

After a Separation Agreement has been signed, sometimes an issue arises when one person isn’t following the agreement. If this is an urgent situation, where the safety of the children is at risk or removal from the jurisdiction without consent, police assistance or an urgent court order may be appropriate. If the matter is non-emergency ..read more

A key factor for child and spousal support is personal income.  What if one spouse alleges the other spouse is underemployed?  Well, the Court (or the parties by agreement) can impute income. Imputing income or deeming income is where a specific income will be used for the legal process, even though the person may earn less. For example, if person A is imputed income of $30,000, then that amount will be used for the child and spousal support calculations even if person A actually earns $6,000. In Alberta, the factors and guidelines for imputing income are from the Federal Child Suppo ..read more

The Court has introduced 4 steps that are necessary before a non-urgent parenting or support issue can go before a judge in Calgary and Edmonton.  These steps do not apply to urgent issues or restraining orders. The steps became mandatory in December 2023. The steps are: 1.  Completion of the online Parenting After Separation Course (PAS) (if there are children under the age of 18 affected by the issue, and it has been more than 2 years since the course was last taken). 2. Meeting with a Family Court Counsellor (FCC) (for self-represented parties with dependent children ..read more

*(Based on the opinion of the baker) I have had this recipe since law school (over 25 years ago!). A heated inter-office debate had me declaring that this is the best recipe.  What I like about this recipe is that you can switch out all kinds of ingredients and it is still great. I leave out the white sugar (but use a lot of chocolate chips). Add chia and flax! Switch out a portion of the flour with ground flax or coconut flour. I have tried coconut milk instead of butter. Some substitutions are better than others, but they are still all delicious. Banana bread: 1 ¾ cup flour ½ cup butter ..read more

A parenting plan includes the schedule of when the children spend time with each parent. A child’s age and stage of development is a big part of what influences the parenting plan. As a child grows up, or as needs and circumstances change (for the child or parent), the schedule may need to adapt as well. A schedule for a one-year-old is often different from a schedule for a six-year-old or sixteen-year-old. If you are just starting out in developing a parenting plan, you can build in when or how the parenting schedule will change over time. This could include very specific changes that occur a ..read more

A parenting plan is an agreement between parents on the children’s schedule, and how decisions about the children will be made after a separation. A parenting plan is unique to each family, with the best interests of the children as the guiding factor.     An effective parenting plan can help improve communication between separated parents and reduce conflict. The schedule ideally reflects the child’s age and stage of development and the practical realities of each family. The Association of Family and Conciliatory Courts Alberta Parenting Plan Guide is an excellent resourc ..read more

How is cryptocurrency treated for family law purposes? Crypto, Bitcoin and digital assets may be hot topics, but for family law purposes, these are assets & property or potential sources of income, just like more traditional investments. In Alberta, the basic steps in property division, including for cryptocurrency and digital assets, are: a) identify all property; b) value the property; c) assess any exemptions; and d) distribution of property (equal or unequal). Full disclosure of the digital assets is the essential first step. Disclosure of relevant financial information is requir ..read more