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

Families should use the divorce process that best meets their particular needs. For many separating spouses, that means having discussions and finding solutions without going to Court. Discussions between separated spouses can be more challenging than they want them to be. The uncertainty, stress and heightened emotions that spouses experience during divorce can get in the way of having productive and respectful interactions. Discussions that do not go well can add to the difficulty, time and stress of the situation. It is common for spouses to need a little help to have productive discussions ..read more

Tips for moving your divorce, separation agreement or family law dispute to resolution. 1. Legal advice. Find out your rights and obligations under the law. Learn appropriate ranges of settlement. Are you within that range? What factors put your case at the high or low end of the range, or change the range? 2. Disclosure Have you disclosed all financial information? Often it is missing financial disclosure that holds up “getting it done”. Make sure you are not holding up the process. Talk to your lawyer about how to overcome missing disclosure by the other person (court, questioning, etc). 3 ..read more

Tips for moving your divorce, separation agreement or family law dispute to resolution. 1. Legal advice. Find out your rights and obligations under the law. Learn appropriate ranges of settlement. Are you within that range? What factors put your case at the high or low end of the range, or change the range? 2. Disclosure Have you disclosed all financial information? Often it is missing financial disclosure that holds up “getting it done”. Make sure you are not holding up the process. Talk to your lawyer about how to overcome missing disclosure by the other person (court, questioning, etc). 3 ..read more

Retroactive child support can arise where the paying parent has either under or overpaid child support.  A retroactive claim may mean the recipient parent didn’t receive the child support he or she could have used at the time to support the kids. Or, it could mean the payor was overpaying or accruing arrears on an income that no longer existed. On both sides, a retroactive payment can be costly. The best way to prevent “retroactive” child support issues is to adjust child support every year, or if a big event takes place that changes income. Tips to reduce retroactive child support proble ..read more

In 2021, the Supreme Court of Canada, in the case of Colucci v Colucci 2021 SCC 24, weighed in on the relevant factors that should apply if a payor parent seeks to reduce his or her child support payments retroactively.  The approach is different from retroactively increasing support. This is a summary on retroactive reduction cases: 1. Has there been a material change in circumstances (that affects child support)? That could be a change in day-to-day care of the children, or a significant income change. A reduction in income usually does need to be significant, long-term and not voluntar ..read more