Services

03.    Family Law

Family Law

For unmarried people, the Family Law Act (Alberta) governs the family law issues between the couples in Alberta.  Married couples can also use the procedures provided under the Family Law Act to pursue interim relief before they commence their divorce actions.  

I can assist your with the following areas in Family Law:

1.  Claim for or to respond to claim for Paternity and DNA test.

2.  Claim for or to respond to claim for Parenting Order.

3.  Claim for or to respond to claim for Contact Order.

4.  Claim for or to respond to claim for guardianship Order of child.

5.  Claim for or to respond to claim for Child Support Order.

6.  Claim for or to respond to claim for partner support.

7.  Claim for or to respond to claim for variation of parenting, contact, child suport or partner support order.

In the event that your spouse absconds with the children of the marriage to another province inside Canada without a Court Order authorizing for such move, I can assist you with a Court Application for an Order for custody and the return of the child to your care in Alberta forthwith.

Prior to January 1, 2020, unmarried couples have no recourse to any legislation in Alberta to enforce their rights to family property. The Matrimonial Property Act only applied to married couples with respect to the division of matrimonial property.  Unmarried people had to sue each other in Court  on the basis of unjust enrichment claim. 

 

The law has now changed, and the Matrimonial Property Act has been repealed and is no longer the law in Alberta.  The new Alberta legislation Family Property Act now applies to both married and unmarried couples with respect to the division of their family property.

 

If you and your adult interdependent partner separated after January 1, 2020, you are now entitled to commence a court action for the division of the family property under the Family Property Act.  

Child Abdution

Division of Family Property

In the event that your spouse or partner absconds with the children to another province inside Canada without a Court Order authorizing for such move, I can assist you with a Court Application for an Order for custody and the return of the child to your care in Alberta forthwith.

Where your spouse absconds to another country that is a signatory to the Hague Convention on the Civil Aspects of Child Abduction, I can assist you with Court application to have the child returned to Canada.  Please note that if the country that your spouse absconds to is not a signatory to the Hague Convention, then that country is under no obligation to force your spouse to return the child / children to Canada.

 

 

 

 

Prior to January 1, 2020, unmarried couples have no recourse to any legislation in Alberta to enforce their rights to family property. The Matrimonial Property Act only applied to married couples with respect to the division of matrimonial property.  Unmarried people had to sue each other in Court  on the basis of unjust enrichment claim. 

 

The law has now changed, and the Matrimonial Property Act has been repealed and is no longer the law in Alberta.  The new Alberta legislation Family Property Act now applies to both married and unmarried couples with respect to the division of their family property.

 

If you and your adult interdependent partner separated after January 1, 2020, you are now entitled to commence a court action for the division of the family property under the Family Property Act.  

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