The work of criminal and family lawyers exposes them to abuse and trauma, which can lead them to experiencing vicarious trauma. But help is available. Photo by Liza Summer from Pexels Lawyers practicing in family or criminal law are instrumental in advocating for and guiding their clients through some of the most traumatic times of their lives. Indirect exposure to traumatic events is an inherent part the job. Whether working on files involving domestic abuse or criminal offenses, lawyers are highly susceptible to a phenomenon known as vicarious trauma – the psychological and emotional impact ..read more

The Family Property Act says how adult interdependent partners (AIPs) divide their property on separation. But it seems to prohibit unmarried couples from signing a cohabitation agreement about property before they become AIPs. Photo by Karolina Grabowska from Pexels There is a gap in Alberta’s Family Property Act (the Act) that has not really been discussed since it became law on January 1, 2020 and replaced the Matrimonial Property Act. The Act instructs how Adult Interdependent Partners (AIPs), also colloquially known as “common law,” will divide property if they separate. For context, indi ..read more

Sexual violence includes child sexual abuse, sexual assault and sexual harassment. It’s more prevalent than you might think, but we can prevent further harm by working together. Photo provided by the Association of Alberta Sexual Assault Services.What is sexual violence? Sexual violence is a broad term that includes child sexual abuse, sexual assault and sexual harassment. A common thread throughout all aspects of sexual violence is that it consists of verbal and physical acts of a sexual nature that occur without the consent of at least one person. Where does it come from? This type of harm ..read more

When someone shares they have experienced sexual violence, we can respond by listening, showing belief, letting them know it wasn’t their fault, validating their feelings, and offering information, choice and control. Photo provided by the Association of Alberta Sexual Assault Services. Sexual violence can be difficult to talk about. It can be hard to know what to say when someone tells us someone else harmed them using sexually violent behaviors. A lot of the time, we don’t know how to respond because we want to say and do the right things. We don’t want to make things worse, and we really do ..read more

Reading Time: 2 minutes Alberta Family Lawyers’ Association promotes a Day of Action on February 21, 2023 in support of raising awareness for the Family Justice Crisis in Alberta. Photo by Pixabay/Pexels OPINION | The views expressed in this article are those of the author. AFLA, an association of family lawyers in Alberta working together to advocate for access to justice in the family law justice system, has announced a “Day of Action” on February 21, 2023. What is the AFLA Day of Action? Many lawyers across Alberta will not be scheduling matters in Court on the Day of Action, and many will ..read more

Reading Time: 5 minutes A look at common co-parenting challenges, as well as practical dos and don’ts for parents and a reminder of when to get help. Photo by August de Richelieu from Pexels Co-parenting is never easy and comes with complications, especially when you don’t get along with your co-parent. However, it is important to try, where possible, to co-parent effectively and to find ways to support and care for your children. Co-parenting difficulty falls on a continuum. If you do not get along with your co-parent, you might be experiencing “high conflict”. “High conflict” is marked by on ..read more

Reading Time: 4 minutes In 2022, the Alberta Court of Appeal in Peters v Atchooay changed course and adopted the reasonableness test for imputing income to calculate child support. Photo by Karolina Grabowska from Pexels The amount of child support a parent pays is based on their income. For many parents, figuring out their income means looking at their tax return. However, sometimes a parent’s tax return does not reflect their true income. In these cases, the law allows a judge to “impute” their income for to calculate child support. Imputing income might be necessary where a parent earns non ..read more

Reading Time: 4 minutes In 2022, the Ontario Supreme Court applied a new tort of family violence that recognizes the complex dynamic of violence within a relationship. Photo by RODNAE Productions from Pexels The new tort of family violence represents another step forward in Canadian courts’ ever-changing views of how to address violence in family matters. To understand this tort and its importance, we must first appreciate how Canadian family law once refused victims of family violence the opportunity to claim damages through tort law as part of their family matter. Now, this completely new t ..read more

Reading Time: 4 minutes Under Alberta human rights laws, what do employees have to show in a case of family status discrimination relating to childcare obligations? Photo by Kindel Media from Pexels Provincial, territorial and federal human rights legislation in Canada prohibits discrimination against employees based on family status. This protection includes an employee’s childcare obligations. However, the family status discrimination test has developed in different ways across Canada. And employers often do not know their duty to accommodate an employee’s childcare needs is triggered. Albe ..read more

Reading Time: 5 minutes Debunking the myths and legends that haunt family law, including those about supporting adult children and the obligations of stepparents. Photo by Steve Johnson from Pexels We have already debunked some myths about the law of child support, but there are so many out there! Let’s address a few more … Myth: My child is now 18 so I can stop paying child support. Myth: My child is now 22 so I can stop paying child support. Child support obligations apply to any child under the age of majority (in Alberta, 18 years of age) if the child has not “withdrawn from their parents ..read more