S.A. 2003, c. F-4.5 (as amended)

 Has been in force since 2005  Covers family members with a “real and substantial connection” to the province  Covers the law on Guardianship, Parenting, and Financial Support, among other things  Is based on fill-in-the-blank forms

Court Applications d/128/Default.aspx

 The only question that a Court has to answer is: ”What is in the best interests of this child?”  It is a child’s right to have a relationship with their family members.  It is a child’s right to have the financial support of their parents.  There is no “magic age” at which a child can have input into the Court’s decisions.

 Clients are in a crisis situation  Difficult to focus on something as abstract as legal proceedings  Not every problem has a legal remedy

 “In all proceedings under this Part, the court shall take into consideration only the best interests of the child.” – s. 18(1)  What does “best interests” look like to you?

 Both parents are presumed to act in the best interests of the child unless proven otherwise.  “family violence” in this legislation includes behaviour by a family or household member causing or attempting to cause physical harm to the child … causing the child … to reasonably fear for his or her safety – s. 18(3)  It does not include the use of force as a means of correction … if the force does not exceed what is reasonable under the circumstances - s. 18(3)(a)  Family violence is established on the balance of probabilities

 Ensure the greatest possible protection of the child’s physical, psychological and emotional safety, and  Consider all the child’s needs and circumstances, including:  Physical, psychological and emotional needs  History of care for the child  Cultural, linguistic, religious and spiritual upbringing  Child’s views and preferences to the extent that it is appropriate to ascertain them  Any plans proposed for the child’s care and upbringing

 Any family violence, including its impact on  The safety of the child and other family and household members  The child’s general well-being  The ability of the person who engaged in the family violence to care for and meet the needs of the child, and  The appropriateness of making an order that would require the guardians to cooperate on issues affecting the child

 The nature, strength and stability of the relationship  Between the child and each person residing in the child’s household and any other significant person in the child’s life, and  Between the child and each person in respect of whom an order under this Part would apply

 The ability and willingness of each person in respect of whom an order under this Part would apply  To care for and meet the needs of the child, and  To communicate and cooperate on issues affecting the child  Taking into consideration the views of the child’s current guardians, the benefit to the child of developing and maintaining meaningful relationships …

 The ability and willingness of each guardian or proposed guardian to exercise the powers, responsibilities and entitlements of guardianship, and  Any civil or criminal proceedings that are relevant to the safety or well-being of the child.

 The mother and father are both guardians  If they were married at the time of the birth  Married, but divorced or annulled less than 300 days before the birth  Married after the birth of the child  Lived together for 12 consecutive months during which time the child was born  Became “Adult Interdependent Partners” after the birth of the child

 Except where otherwise limited by a Parenting Order, each guardian is entitled to be informed and consulted and to make all significant decisions affecting the child, and  To have sufficient contact with the child to carry out those powers and responsibilities.  Should you ask for “no access – ever” because one parent was violent toward the other?

 orParentsandFamilies/ParentingafterSeparation/tabid/137/Default.aspx orParentsandFamilies/ParentingafterSeparation/tabid/137/Default.aspx  Course is mandatory before being heard in Queen’s Bench  Parents are likely to be ordered to take it by Provincial Family Court  Special sessions for high-conflict families (domestic violence)  The parties will not be scheduled for the same session

 abid/124/Default.aspx abid/124/Default.aspx  Free if one person earns less than $45, per year  Try “caucusing” where the parties do not have to be in the same room  Some form of “ADR” (alternative dispute resolution) is mandatory  before you can get a trial date in either court  “JDR” available in some jurisdictions

 In the Provincial Court of Alberta, Family Division, this is called a Claim  In the Court of Queen’s Bench, this is called an Application  Fill in the Claim form and supporting Statements  Pick a court date that is at least a week away  File it with the Clerk of the Court (no filing fee)  Serve the Claim, supporting Statements, and Notice of Mandatory Seminar (if in QB)

 “Service” means that the “other side” has been given notice of the court application, including all paperwork that describes what your claim is about, why you are asking for a specific type of order, and when to come to court to speak to the Judge.  As a Claim is a “commencing document”, you must serve the other side personally (i.e. have someone hand the papers directly to the other person)  The person who gives the paper to your Respondent must swear and file an Affidavit of Service and may be called as a witness in court at a later date.

 Attend Case Flow Conference or mediation  The matter will be listed by the Respondent’s name on the Provincial Court docket, or in both names (Applicant v. Respondent) in QB  Go to court to speak to the Judge or Justice  In some court houses, Duty Counsel is available  An Interim Order may be granted to cover the period between “now” and the trial, or the next step, as the case may be

 Child Support is pretty simple:  You make this much money + you have this many children to support = this is how much you pay  There are two parts to child support:  S.3 = base support = food, clothing shelter  S.7 = extraordinary expenses = child care, medical, extracurricular activities, etc. 

 When you are seeking child support, you need to have evidence of the income of both parents.  Most people do not think to grab their income tax returns when they are fleeing to shelter.  Therefore, you need to make a Request for Financial Disclosure  The other side is entitled to 30 days to respond  The court date will have to be at least 30 days away before you can get a final order, but you might be able to get an interim order if you have some evidence of the other persons earnings or ability to earn income.  ageHomePage&Page=Home ageHomePage&Page=Home