When a couple heads for divorce, the law provides clear guidance for any disputes they cannot resolve. Laws dividing their assets and debts, calculating support payments and arranging parenting time all seek the best interests of those involved. However, it may not be so for Alberta couples who share pets. Family law has not quite caught up to changing trends in marriages.
Facebook and other social media sites are part of normal life for most people in Alberta and across the world. Many use their social media to learn of news events, find tips for health and homemaking, and lighten their day with amusing videos. Mostly, however, social media is a forum for free expression of one’s opinions and sharing life events with friends and family. While this may seem innocent enough, social media posts can derail cases involving family law matters.
One of the first things the media wants to know after hearing of the engagement or marriage of a celebrity is whether the celebrity signed a prenuptial agreement. Too often, the rich and famous have lost millions in contentious divorces and may have been spared the loss with the safeguard of a prenup. However, prenuptial agreements are not exclusive to the likes of Justin Bieber, and couples in Alberta who marry without the benefit of such an agreement can still take steps to protect themselves under the Family Law Act.
Alberta courts have a difficult task when a parent claims domestic abuse. When children are involved, the courts must consider their best interests, even if it means denying the other parent access to the kids. However, parents accused of abuse have one trump card that can send courts of family law into confusion and bring about dangerous custody decisions.
Alberta laws no longer use the term “common-law” to describe two people in a domestic relationship, but not married. Instead, the province uses the term “adult interdependent relationship” (AIR) to recognize common-law couples.
The average person doesn’t generally interact with the law, or lawyers, on a day-to-day basis. When two people want to get divorced, it may be their first experience with the legal system.
Resolving children’s issues after a separation or divorce can involve more than determining custody and child support payments. Other relationships, such as those with grandparents, may also be affected.
When families separate, there are many different decisions that need to be made regarding children. These decisions may include what city they will live in, which parent they will live with, or what activities they can participate in, amongst others. Parents may have different opinions on how to answer these questions, which can lead to disagreements when negotiating custody, access and parenting time with children.
Let’s say you’re expecting to receive money from your ex-partner to pay for your daughter’s new clothes. But the money doesn’t arrive. Unfortunately, getting a Support Order from a court does not mean that you are guaranteed to get the money set out in the Order.
You are part of a couple that has separated or divorced. You have agreed that your partner will have custody of the children, while you have visitation rights. Your agreement is part of the court order. Then your ex-partner decides to move to another city.