When can a child decide which parent to live with in Alberta?

Divorce is a very complex and emotionally straining process, especially when involving children. However, when these children are old enough to understand what is going on, be aware of the divorce circumstances involved, as well as the potential impacts to their own living situation, the process can become even more difficult.

An older child can have their own preconceived perceptions of life after a divorce, driven by the things they’ve seen and heard when listening in on their parents or being around discussions and/or arguments. Similarly, it’s often that the child’s emotional needs are not taken into account as a top priority when their parents are either separating or divorcing, thanks to the heat these proceedings can generate.

During the divorce process itself, many children will often express preference over which parent they want to live with. Whoever a child feels closest to, or safest with, will always be their preferred guardian, and this can make arranging custody and access tricky to do. One parent may feel that the other parent is influencing their child, and vice versa, and may feel like they will be subjected to a poor arrangement following the divorce's finalization.

And seeing as the innate nature of a divorce can be tumultuous and fuelled by constant disagreements, it is highly recommended to involve an Alberta divorce lawyer when it comes to dealing with parenting plans or child custody arrangements. Lawyers can make these arrangements much easier to come to, and can provide plenty of relevant advice on the pertinent child care questions you haven't been able to resolve.

If you're curious about when a child can decide which parent they want to live with, and what weight their voice holds when going through divorce courts, we've listed our own legal advice below to help you come to an arrangement that makes sense for your family.

The Relevant Legal Framework in Alberta

It's often thought that a child who is aged 12 and over has the right to make a choice about which parent they want to live with. However, this is simply not true, and the reality is a lot more complicated. In Alberta, a child is considered to be any person under the age of 18, and only their parents or the Court can make the decision on where they live until this age is reached. At this point, a child is classed as a legal adult, and only then can they make a decision on their own living arrangements.

Furthermore, the Federal Divorce Act controls custody and access arrangements, whereas Alberta's Family Law Act addresses parenting times and other relevant items. However, these laws are still incredibly important to the family arrangement decision. The Family Law Act states that the Court must take a child's wishes into account when considering where is best for them to live, and the older, more mature the child is, the more weight is given to their wishes.

Canada has since ratified the United Nations Convention on the Rights of the Child, which dictates that children who are able to formulate their own opinions have a right to freely express their views on the matter of divorce during legal proceedings. Indeed, there are various examples of Canadian family law decisions which specially cite this obligation. In such cases where child intervention is required, including adoption by a third party guardian, Alberta's Child, Youth, and Family Enhancement Act will apply.

It's important to note that the Canadian legal framework enforced by Alberta Courts will always prioritize a child's best interests as the main determining factor for which parent a child will live with. A child's wishes will always be given weight, but they won't ever be the only factor taken into consideration. Judges will take it upon themselves to consider many other factors concerning the family when debating the question of who the child gets to live with, and then what kind of access will be given to the other parent.

Some key legal elements a court will consider when acting in a child's best interest

The Courts will take many different elements into account when deciding which parent will get custody over their child. These include, but aren't limited to:

Child's physical, psychological and emotional needs; a child's wellbeing needs to be fully cared for by the parent who the child is legally required to live with, and a court will always take into account which parent is most suited to provide for these needs.
Child's access to school and healthcare; children need to attend school, and in Alberta, they are legally required to do so until the age of 16. A child's attachment to their current school and/or community environment can also be taken into account via this ruling.
Opportunity for least disruption to the child's lifestyle (stability); both parents will often be required by the Courts to undergo a Child Custody Assessment to ascertain their ability to provide a stable home and lifestyle.
Child's current level of stability; as well as determining which parent can provide the best stable lifestyle for their child, the current living arrangements and how adjusted a child is to them will also be taken into account.
Guardian's living arrangements; the Courts will factor in the way a parent lives, such as the size of their house, amount of space, etc., to see if a child will settle into their new home with little trouble. The Courts may even want to be sure that your child will be able to have their own room, and not have to share, as this can affect the child's privacy.
Opportunity to learn their heritage (language, culture and religion); if a child has parents from different cultures, religions, or they speak different languages, the Court will consider how likely a child will be able to learn about the differences in their background when living with either parent.
Degree of attachment to each parent; the relationship between the child and their parents will always be taken into account, and the degree of attachment (closeness) will be heavily evaluated in both cases.
Guardian's ability to uphold relationships; whatever parent is decided to be the best carer for the child will need to assure the Courts that they can uphold the relationship their child has with the other parent. The parent needs to show willingness to allow access, and not allow their own feelings to potentially get in the way.
History of family violence and criminal behaviour; if there is confirmed evidence of criminal convictions regarding family violence, or even if there are allegations brought up against either parent, the Court will also take these matters into consideration.

Living arrangements after a divorce: the role of the child's voice

As mentioned earlier, a child can often vocalize their preference of which parent they would prefer to lie with. This preference can change or evolve over time due to a variety of factors, including wanting to stay in their childhood home, or stay at the same school they're used to due to previous relationships they've established there. This is something the Courts will take into consideration as well when finalizing child custody arrangements.

The weight a child's voice has when it comes to the Court's final decision will depend on the maturity level and age of the child in question. Although it's important to note that the legislation does not define a minimum age, there are numerous reported cases in law that implies a child's wishes should 'definitely be considered' by the age of 12, which is often thought to be that important maturity level (according to Albers v Albers, 2011 ABQB 456). However, a child as young as 10 years of age can also have a voice at times (according to RM v JS, 2013 ABCA 441).

Typically, children who are aged 5 and under will not have much weight to their voice, but when a child is aged between 14 and 17, their opinion on the divorce and where they want to live will be a very important factor in the Court's consideration.

Similarly, it is important to have evidence demonstrating that the child in question is mature enough. If it is appropriate to do so, this can be accomplished via the use of a 'Voice of the Child' report, where a qualified psychologist or counsellor meets with the child and documents their views and preferences. In some cases however, this report will not be appropriate, particularly if the child undergoing this evaluation will be placed in an uncomfortable position, or they are too young to be able to express their views surrounding these complicated notions effectively.

When this report is finalized, the judge will apply the law depending on the circumstances of the family, and ultimately decide whether the child's preference over their living situation is in line with their best interests. However, even if one parent is granted 'primary care', the other parent will usually be allowed to see and have access to the child, as well as enquire about their care and well-being depending on the circumstances, and still be able to make decisions revolving around the child's care.

Understanding a child's best interests

In the midst of divorce proceedings, or just after an amicable separation, the time comes to decide who, what, and where will provide for any children you have together. Many people can feel like this is an impossible step in the divorce process, as one parent may have different aims to another, and coming to an agreement can take a long time.

When it comes to putting together an acceptable and beneficial parenting plan, the Courts will always act in your child's best interests. If you and your ex partner or spouse are unable to come up with an agreed parenting plan off of your own backs, it's up to a Judge to decide the best schedule for your child's care. Above all else, the Judge will want to ensure that the child in question comes to no harm under the care of the parent they're placed under, and that this parent is the one best able to provide for them.

Both physical and emotional needs come underneath this umbrella. The Courts need to know that either parent being considered is able to provide things such as long term shelter, food, and clothing, as well as a child's freedom to express their emotions, and maintain a relationship with both of their parents.

As one of their parents yourself, you may feel that you can provide all of these things, and more. However, the Courts will take into account the living circumstances of both parents involved, and determine which one is best suited to be the child's permanent guardian. This can be a complicated process, and it can involve a lot of emotions from all parts, but both the key elements listed above and the role of the child's voice come into this decision as well.

This can be a very hard adjustment to make, and it's why it's always recommended to speak to a divorce lawyer during these lengthy proceedings.

Speak with an Edmonton Family Lawyer today regarding your parenting arrangement

Here at Verhaeghe Law Office, our Alberta Family Lawyers have long term experience in assisting families in resolving their divorce needs, as well as any other specific family circumstances, as amicably as possible. Our lawyers know just how hard it can be to come to a mutually beneficial decision when a child is involved, and it remains our priority to ensure their best interests are always placed first.

We're here to help you help your family, and to settle your child's life as soon as possible after an event like a separation or divorce. To better understand how we can assist with your parenting arrangement, contact our law firm as soon as you can by calling 587-410-2500, and speak directly with a divorce lawyer regarding your child custody arrangements.

How Alberta business owners calculate child support

Divorce and/or separation proceedings can be an emotional and complicated process for all parties involved. It can be even more challenging for business owners as there are additional considerations unique from most other divorces. When divorce proceedings include business owners – the calculation of child support payments can become a rather complex and challenging process. In situations like this, we recommend you consult with a divorce lawyer to review what your options are as well as answer any complex questions you may have with regards to your divorce and subsequent child support payments.

The Federal and Alberta Child Support Guidelines are two legal frameworks designed to provide guidance on financial support payments. However, as a business owner some sections of these frameworks may or may not apply to you during your divorce proceeding and requires individual legal advice and interpretation to your unique and individual situation. For example, if you are a business owner that is married – the Federal Child Support Guidelines may be used to govern child support calculation whereas if you are not married, the Alberta Child Support Guidelines may be used as a reference point to calculate child support payments. Both the Federal and Alberta Child Support Guidelines make sure that regardless of your marital status and as a business owner – the courts will be looking very closely at the amount that you as a business owner are claiming as an expense. Hiring an experienced family lawyer to help reduce the complexities of your case as they pertain to child support payments is highly recommended in a situation like this.

The Alberta Child Support Guidelines

The Alberta Child Support Guidelines require parties to disclose things like income, debt, assets, expenses and other relevant financial information as they pertain to divorce proceedings. In the case of business owners, chartered professional accountants or chartered business valuators can assist business owners with providing this information as they relate to divorce proceedings as well as inform the relevant party as to what their options are.

The Federal Child Support Guidelines

The Federal Child Support Guidelines are a set of guidelines that explain how financial assistance for minor children will be calculated. Additionally, it serves to fulfill four major objectives including:

Establish a fair standard of support for children that they continue to benefit financially even after both spouses have separated
Reduce conflict and tension between spouses by making the child support calculation process more objective
Improve efficiency of the legal process as they pertain to child support calculations
Ensure consistent treatment of spouses and children

What Information Is Required To Prove Income During Child Support Deliberations?

During divorce proceedings – a business owner may be required to provide extensive financial documentation. The purpose of providing documentation on the below items is to assist with the assessment of the required child support amount. Some of the required documentation may include:

Business financial statements
Earnings slip
Tax returns
Re-assessment records
Insurance as it pertains to your business
Workers compensation information if applicable
Disability information if applicable
Public assistance records if applicable
Partnership information
Trust settlement records
Pre-tax income records
And more

If you are a business owner and believe you need to dispute the amount of child custody payments you are required to make then contact our Edmonton law office today. There are too many complexities to discuss here with regards to child support payments as a business owner and it’s best to seek legal assistance regarding your individual situation.

At Verhaeghe Law Office – our Edmonton family lawyers have helped numerous business owners embattled in child custody payment disputes. Where things can get complex in a situation like this is when business finances become embroiled with personal finances which may leave the justice system to interpret your financial situation very differently than how Canada Revenue Agency does. We encourage you to seek legal counsel if you are a business owner and are about to or are currently going through divorce proceedings and especially if there is a debate on the child custody payments you are required to make. We can help you prepare and work towards an expeditious and reasonable payment arrangement as we help navigate you through your divorce proceedings. Contact us for a consultation today by calling 587-410-2500 and speak directly with one of our Edmonton divorce lawyers.

*Please note the content in this blog does not constitute legal advice as every case is unique from one another. Child support calculations are best supported by legal advice based on your specific circumstances. This blog offers a general overview and does not constitute legal advice.

We encourage you to seek legal advice for answers related to your divorce and/or family law questions.

Divorce from a Woman’s Perspective

If you’re considering ending your marriage, make sure you’re basing your decision on facts, not misconceptions, about how divorce works in Canada. Both men and women may have false beliefs about the proceedings and outcomes prior to and during divorce. Before beginning the process, call Verhaeghe Law Office at 587-410-2500 for a consultation to ensure your understanding of the divorce process. This is part one of a two-part blog. Part one focuses on divorce from a woman’s perspective.

Divorce Act

In Canada, the Divorce Act is the federal law that addresses issues related to couples in the process of obtaining a divorce or are already divorced. To get a divorce, you must establish breakdown of a marriage. This includes living separately for at least one year before divorce proceedings, or the spouse being sued for divorce has committed adultery or physically or mentally abused the other spouse.

From Wife to Single Mom

Deciding to pursue a divorce, especially when you have children, is a difficult and emotional decision. We see divorces play out in television shows, movies, and fiction. In many instances, these portrayals are inaccurate and contain information that can be very misleading.

For example, you may have seen the scenario played out in which the husband has an extramarital affair which gives the wife an advantage in court when deciding matters of custody, alimony, or child support. While an affair establishes breakdown of a marriage to qualify for divorce, the fact that a husband has been unfaithful does not hold any bearing on the division of property or child custody.

Another oft-used plot device in dramatic television is the “marriage trap.” Your husband refuses to sign divorce papers, so you cannot divorce. In truth, you do not need your spouse to agree in order to obtain your divorce. If you’ve satisfied the grounds for divorce set forth by the Divorce Act, or if you have not lived with your spouse for a full year or more, you can file an application for a contested divorce, in which your husband does not need to sign.

Custody & Division of Assets

You have worked hard on your career during your marriage. You’ve saved and invested wisely. Your husband tends to spend more than he saves. Don’t go into these proceedings believing you have an edge because of your good financial habits. Unless you have a marriage contract, drawn up by a lawyer, that states that your finances are to remain separate from your spouse’s in case of dissolution of your marriage, your money isn’t safe. Your assets will be considered together and shared between you.

Don’t go from filing for divorce to the car dealership to buy that luxury car while you still have shared assets. It may seem like a good idea at the time, but ultimately it won’t be a benefit. Once you’ve filed for divorce, you are prohibited from making big purchases of liquidating assets.

Another myth that is commonly believed is that mothers always get custody of minor children. This is never a guarantee. Custody is determined by the best interests of the child. Several factors go into determining the “best interests,” but simply being a mother is not one of them.

Your Best Advantage

Don’t assume that as a woman, wife, and/or mother, you will have leverage over your husband during any part of the divorce process. Your best advantage during divorce, division of property, spousal support, and child custody is to hire an experienced family court lawyer. The lawyers at Verhaeghe Law Office in Alberta, Canada, have the knowledge and background to help you understand the court processes and obtain the best possible outcomes. Don’t go into court unprepared. Call us today. +1 587-410-2500

What is a collaborative divorce?

In a collaborative divorce – both parties work together to come to mutual agreements that are settled out of court. Simply put – a good divorce. Many Albertan families turn to collaborative divorce as an option for their divorce proceedings in an effort to keep it seamless and productive.

How does collaborative divorce work?

First, you must find an experienced Edmonton collaborative divorce lawyer and meet privately with them to discuss your case.

Your spouse and you will then sign an agreement where you agree to provide full disclosure on any information that pertains to the divorce proceedings. In collaborative divorces – you may even have the option to work with mental health professionals and financial planners if you may benefit from these services throughout your divorce proceedings. Meetings are then conducted between the couples as well as their selected collaborative family law lawyer to define the terms and expectations of each partner. At the end of the process – both parties have defined resolutions regarding financial issues, parental issues as well as the division of assets. Once a common census has been reached – your collaborative family lawyers will then draft paperwork for signature from both parties making the resolutions legally enforceable. If you are in need of a collaborative divorce lawyer – contact our law firm today for an initial consultation with one of experienced Edmonton family lawyers.

Who can use collaborative divorce?

Collaborative divorces can be used in various circumstances. For example, they can be used in:

Short and long-term marriages
Common law relationships or same-sex relationships
Marriages that involve or do not involve children
Marriages with unique cultural or religious views
When negotiating cohabitation agreements or pre-nuptial agreements

In certain situations – collaborative divorce may not work. For example, if your partner has a history of abusive or dominating behaviour, drug or alcohol problems or someone who is not as into the spirit of working peacefully together as you are – collaborative divorce is not recommended. We recommend you consult with an experienced divorce lawyer about your unique situation prior to coming to a decision on your own as to whether a collaborative divorce is right for you or not.

How we can help with your collaborative divorce

Collaborative divorces can be highly effective because it a process that is customized to divorcing couples rather than a court-driven process that individuals must conform to. It is a process that can empower couples to come to an agreement that resolves your unique circumstances and needs expeditiously.

At Verhaeghe Law Office – our Edmonton family lawyers have helped numerous clients with their divorce proceedings and family law matters and a member of our legal team would be pleased to speak with you. Contact us for a consultation today by calling 587-410-2500 and speak directly with an Edmonton divorce lawyer regarding your family law matter. All consultations are kept confidential.

For more information, please contact Renn Spence, a Registered Collaborative Family Law Lawyer by clicking here or by calling Renn directly at 587-409-5064, email Renn@freedomlaw.ca

*Please note the content in this blog does not constitute legal advice as every case is unique from one another. We encourage you to seek legal advice for answers to your divorce and family law questions.

Collaborative Family Law in Alberta

What is Collaborative Family Law?

Dispute resolution in family matters can be both emotionally and financially stressful for all parties involved, especially when one or both parties are hesitant about going through court processes and the effect it may have on the outcome of their divorce matter.

Collaborative Family Law was introduced into the legal system as a response to the growing dismay with the drawbacks of litigation and its adversarial nature as it relates to helping families resolve disputes. A senior family lawyer in Minneapolis founded a valuable alternative called Collaborative Law which spread across the United States and eventually into Canada. It is now widely recognized in Alberta as a low-cost alternative to high stress or highly contentious divorces.

What is the objective of Collaborative Family Law?

The main basis of Collaborative Family Law is the common understanding between both parties and their respective lawyers that they will resolve their matters without the threat of going to court and that the spirit of compassion and integrity remains as an overarching goal in an effort to produce a “good divorce”. A “good divorce” in this situation refers to legally enforceable divorce related agreements between both parties that are achieved in a timely and amicable matter. This offers a more affordable solution that preserves the social and emotional well-being of the family members involved while avoiding a potentially stressful and costly litigation process that may not serve either party’s interests in the long-term.

How does the Collaborative Family Law Process work?

In Collaborative Family Law – the first step remains in finalizing the Participation Agreement. The Participation Agreement is a document that outlines a set of terms and processes where all parties commit to the Collaborative Law process and its principles. Parties commit to full disclosure and a complete exchange of information to ensure a fair and objective negotiation. This helps provide a proper examination on both parties’ individual and common interests. With the help and guidance of Collaborative family lawyers, each party will be guided on what’s considered reasonable. There will also be an emphasis on approaching the other party with empathy and understanding regarding their respective concerns. Only if necessary, outside experts may be jointly retained with the mutual agreement of both parties. Such expertise could range from accountants, independent evaluators, therapists, etc. to help aid the participants throughout the process.

To ensure the commitment to an out-of-court process is the primary objective and to avoid any conflicts. If one of the parties ultimately decides to enter Court proceedings, then the respective collaborative family lawyers for each party resign. Their withdrawal ensures no further renumeration on the case and both parties have to seek new counsel to support the litigation process. Unless mutually agreed to by the parties, any experts retained during the Collaborative Family Law process cannot be used during the court proceedings.

These principles foster an open and constructive environment for collaborative negotiations so both parties can trust they are undertaken in good faith and both their best interests are placed as joint priority.

The emergence and rapid growth of Collaborative Family Law is motivated by the high demand from families seeking a more productive, private and dignified way of resolving emotionally-charged disputes while supported by a neutral framework including qualified legal expertise. It provides an environment where both parties and their lawyers can keep their priorities intact while tabling their independent and common interests in order to find a solution amenable to the entire family.

What are the benefits of Collaborative Family Law?

The benefits to clients in the collaborative process typically include reduced expense and faster results with respect to setting forth terms regarding division of assets, financial matters and child custody matters. The Collaborative Family Law process also fosters a spirit of openness and cooperation that generally leads to a commitment to a constructive negotiation environment. Typically, there is less posturing and showmanship than you would typically find in a traditional family law negotiation with the threat of Court proceedings looming overhead.

The process typically involves a series of face-to-face meetings between the parties with their collaborative family lawyers present. By being present and engaged, the party has a lot more control and involvement in the process which contrasts greatly with what one typically feels in Court proceedings.

This presents the client with a growth opportunity to role model in cases where children are involved, taking personal responsibility and benefiting from a face-to-face collaborative process. It also avoids putting the outcome into the hands of a Judge who despite being well-trained is still a stranger to the personal family dynamics and individual situations of both participants.

What role does the lawyer play in a Collaborative Family Law process?

The main role of a retained collaborative family law lawyer is to provide expert advice regarding an out-of-court resolution that is negotiated in good faith with mutually-agreeable outcomes and terms. Collaborative Family Law processes are not immune to highly-charged emotions and differing viewpoints so a well-trained Collaborative Family Law lawyer is equipped to understand both sides and steer all parties accordingly. Registered Collaborative Family Law practitioners in Alberta have mandatory training which includes mediation, interest-based negotiations and Collaborative Family Law. Their primary objective is to steer all parties in reaching an amicable settlement.

A common misperception is whether a client’s personal needs will be prioritized. Each collaborate family law lawyer will help identify their party’s interests and aim to reach an agreement that satisfies these interests alongside the other parties (i.e. win-win solutions, where possible). Although the broader objectives of both parties and their lawyers are to work collaboratively as a team, each lawyer’s foremost duty is to their client offering guidance on what’s reasonably expected under the circumstances.

There are a suite of resolution options that may be identified by the parties in conjunction with their family lawyers and the final agreement will capture solutions deemed mutually acceptable by both parties. The cornerstone to the process is a respective environment that maintains the dignity of both parties involved and strives to have each party understand the other’s concerns. Ultimately this leads to increased satisfaction with a final and fair outcome.

How Children Can Benefit From Collaborative Family Law

Collaborative Family Law may be an especially attractive alternative when the relationship involves children as it provides a chance to separate in an amicable fashion and demonstrate to the children how it was handled the least adversarial way. More importantly, this pathway helps both parties prioritize and provide for their most prized common interest- their children. There are numerous statistics that outline the emotional effect and toll divorces can have on children – and ending your divorce in an amicable and respectful way may reduce the emotional impact on children as opposed to lawn drawn out battles in the courtroom.

Should I consider the Collaborative Family Law process?

Divorce is already difficult enough for not just the partners involved but their families as well. Removing the additional stress of a courtroom process is typically recommended so long as both parties have a willingness to embark on the process in good faith.

Avoiding the rigid formula-driven framework of the Courts, also provides a greater degree of flexibility to identify creative win-win solutions for both parties involved. Both you and the other party will feel a larger degree of control over the process than what might be available to you in traditional Court proceedings. You will still benefit from having legally-trained experts steering you through the process and handling expectation management on both sides.

A Collaborative Family Law process is an attractive pathway to achieve timely and affordable results between two parties committed to the process. The length of time is dictated by the willingness of both parties to support the process as the timing, location and frequency of meetings are determined with mutual agreement of all parties.

If you are interested in handling the issues stemming from your divorce through Collaborative Family Law you will likely save significant time and money while mitigating emotional harm to family and loved ones. If you reside in the Province of Alberta – then we strongly recommend you hire an Alberta based or Edmonton Collaborative Family Law lawyer today to review your case to see if Collaborative Family Law may be an option for you. Contact us for a consultation today by calling 587-410-2500 and speak directly with an Edmonton divorce lawyer regarding your family law matter.

Contact Our Edmonton Collaborative Family Law lawyers

At Verhaeghe Law Office – our Edmonton Collaborative Family Law lawyers have helped numerous clients with their Collaborative Family Law matters for many years. We take pride in the fact that we aim to resolve your family law disputes in a timely and cost-effective matter. Contact us for a consultation today by calling 587-410-2500 and speak directly with an Edmonton divorce lawyer regarding your family law matter.

For more information, please contact Renn Spence, a Registered Collaborative Family Law Lawyer by clicking here or by calling Renn directly at 587-409-5064, email Renn@freedomlaw.ca

*Please note the content in this blog does not constitute legal advice as every case is unique from one another. We encourage you to seek legal advice for answers related to your divorce and/or family law questions.

What Is The Difference Between An Annulment and A Divorce

An annulment is a court order that is issued which states your marriage did not exist or was not valid. It’s different from a divorce because a divorce legally ends a valid marriage that existed previously. Whereas in an annulment – the marriage ends immediately.

If you are considering obtaining a marriage annulment in Alberta, you must know that it’s best to discuss this with a family lawyer that practices in Alberta. Annulments are not always issued and can only be done in certain circumstances. For example:

If your spouse was already married to another person when they entered marriage with you
You married your spouse under duress or if someone threatened you physically
You were intoxicated by either drugs or alcohol during your marriage ceremony
You perceived you were marrying someone when in fact they were someone else
If the person you marry is unable to consummate the marriage
If you were under the age of 18 when you got married and did not have your parent’s consent
In some cases a church or an authoritative religious body might grant an annulment which is different from a legal annulment
You and your spouse are too closely related
The essential formalities required to certify a marriage were not present during your marriage ceremony such as two witnesses

Legal Responsibilities Regarding Annulments

If you decide to pursue a marriage annulment – this does not mean that the individuals will not be regarded as spouses or parents under Alberta provincial laws. Both spouses can bring forth claims against one another on matters such as the division of property and assets, spousal support, child support or custody and guardianship matters. When the courts grant an annulment, they may also issue financial, distribution of property and custody Orders for both children and the other spouse. However, we strongly recommend you speak with an Edmonton divorce lawyer prior to making a decision as to whether you are better suited to end your marriage through an annulment or through a regular divorce.

Religious Annulments versus Legal Annulments

There are also differences on foreign annulments and religious annulments. For example, religious annulments do not legally unbind the marriage and are only valid within the religion itself. In Alberta and most other Canadian provinces – only a judge can legally declare an annulment between the spouses therefore you still need to go through legal channels to process your annulment, so it is considered valid within your legal jurisdiction.

We Can Help You With Your Annulment in Alberta

If you are still unsure of whether to pursue an annulment of marriage versus a divorce – we recommend you contact an Alberta based family lawyer who can help you with your family law proceedings. There are many advantages and disadvantages to both obtaining an annulment versus obtaining a divorce. Contact our law firm today and speak with an experienced divorce lawyer regarding your possible options and which avenue might be best suited to your unique and individual circumstance.

At Verhaeghe Law Office – our Edmonton family lawyers have helped numerous clients with their divorce proceedings and family law matters for many years. We take pride in the fact that we aim to resolve your family law disputes in a timely and cost-effective matter. Contact us for a consultation today by calling 587-410-2500 and speak directly with an Edmonton divorce lawyer regarding your family law matter.

Pet Custody Disputes in Divorce Proceedings

Those of us who are lucky enough to own pets, understand how pets eventually become an integral part of the family unit where we can develop strong emotional attachments with them. But what happens to pets when couples decide to separate and/or divorce? Individuals who are either contemplating or are pursuing a divorce may be shocked to find out that governing family laws in Alberta regard pets as property. The Family Law Act entitles both spouses to equal rights when it comes to family property. This entitlement extends towards things such as land, shares, money, financial plans, partnership interests and more.

While there is no legislation that definitively governs the division of pets – the courts have witnessed an increasing trend where people see their pets as more than just a possession or property. The Province of Alberta’s Matrimonial Property Act allows the courts to decide how property is divided between divorcing spouses. When divorcing couples cannot agree on who claims custody or ownership of the pet(s) after a divorce, the courts will take numerous factors into consideration when deciding matters on pet custody disputes.

For example, the courts will consider things such as whether the pet was brought into the relationship prior to marriage where it may be considered as excluded property and will remain with the individual who originally purchased the pet. If, however the pet was purchased after marriage – the courts will look at things such as who paid for and contributed most to the care of the pet both financially and physically. In Telep v. Telep 2012 BCSC 2092 – both parties had two dogs. The judge ordered that both dogs be given to the husband because the judge believed the husband had a more of a sincere emotional attachment to the dogs. In both of these situations, the laws are not determinative and many of the factors that go into making a decision in these matters can be challenged.

The courts do recognize that under some circumstances, pets may be equivalent to children for certain couples. In situations such as this, the courts will either recommend joint custody or encourage both parties to come to an amicable solution on their own. The agreed upon solution may be in the form of a written agreement that satisfies both spouses and would include things such as visitation schedules and rules regarding how costs for pet care will be shared.

For example in Boulet v. Rushton 2014 NSSC 75 – the court dealt with the divorcing couple’s dogs by creating an access schedule that both spouses had to abide by. Boulet was considered the primary caregiver of the dogs and Rushton would have care of the dogs two days a week. The Court of Appeal has seen cases brought forth where couples disagreed with pet custody matters and this is something that can be very costly as well as avoidable. Having legal counsel on your side with respect to your divorce proceedings may help reduce or eliminate pet custody disputes before they even start.

What makes pet custody disputes rather challenging is that sometimes it is difficult for the courts to understand the emotional attachment humans can have with their pets. Furthermore, because there are no definitive rules when it comes to pet custody – the courts generally will recommend both parties come to an amicable solution on their own. That’s why we recommend seeking legal counsel if you and your partner/spouse cannot come to an agreed upon solution with respect to your pet(s).

If you find that you and your partner or spouse cannot come to an amicable solution on your own with respect to the custody of your pet(s) – we recommend you contact an Alberta based family lawyer who can help resolve your pet custody dispute amicably as well as timely.

At Verhaeghe Law Office – our Edmonton divorce lawyers have helped numerous clients who have been embattled in pet custody disputes. We understand that pets are considered family and will work towards an expeditious solution with respect to your pet custody dispute. Contact us for a consultation today by calling 587-410-2500 and speak directly with an Edmonton divorce lawyer regarding your pet custody dispute.

Bill C-78 & How It Might Impact Divorce Law

In May 2018, Bill C-78 was introduced in the House of Commons. This Bill would represent significant changes to the divorce laws with a focus in avoiding drawn-out and expensive court battles. In divorces, many times it’s one party taking another to court, which already creates an adversarial situation. To add salt to the wound, the slowness of the courts drags the painful process out. This Bill attempts to streamline the process and reduce the frustration of both parties.

Proposed Changes

The Bill would update some language to make it less adversarial. For instance, changing “custody” and “access” to “parenting orders” and “parenting time.”
Another change would push lawyers and paralegals to encourage family-dispute resolution services rather than the court systems.
This proposal would make it easier for people to collect support payments.
Creating better criteria to help define the best interest of the child and establishing guidelines when one parent wants to relocate with a child.
Finally, the proposed changes would give courts measures to address family violence.

The Best Interest of the Child

Currently, there is no federal guideline as to establishing the best interest of the child, which has led some law professionals to turn to the Children’s Law Reform Act. For instance, this Act replaced the terms “mother” and “father” with “parent.” Also, four people can agree, in writing, to be the parents of the child, among many other changes covered in the Children’s Law Reform Act.

Another aspect often overlooked when examining the best interest of the child is how one spouse supports the other parent's relationship with the child. This Bill would replace the existing “maximum contact” principle with “maximum parenting time.” What does that mean? It means courts must rule that a child should have as much time with each spouse as is consistent with the best interest of the child. The court must also consider each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse.

Redefining Family Violence

Bill C-78 is attempting to define family violence as more than just physical violence, but also emotional and sexual violence as well. These additions give lawyers and mediators guidance by providing more factors to take into account when establishing a parenting plan. These plans outline how decisions about the child are made, how information is shared between parents, when each parent will spend time with the child, and how other parenting issues may be addressed.

Overall, many are lauding Bill C-78 as a step toward modernizing divorce laws throughout Canada. It would be the first such update in nearly 20 years with the proposal attempting to promote faster and lasting solutions regarding family law disputes.

At Verhaeghe Law Office, our team always stays up-to-date on the new family laws impacting our clients. If you need legal representation, give our team a call at 587-410-2500. We can help you.

The Right Custody Decision for Your Child

When you’re going through a divorce, there are tons of issues to deal with. In addition to the practical issues surrounding the dissolution of marriage, there are emotional considerations that demand your attention. At some point, your mind must clear enough to consider the available custody options for your child and how to obtain the custody option you want. Your best bet for gaining custody of your child is to hire a lawyer who is well-versed in family law. The lawyers at Verhaeghe Law Office have extensive experience in Family Court and welcome you to call 587-410-2500 for a consultation.

How to Decide and How to Follow Through

Regardless of what YOU want, the most important consideration in deciding custody arrangements is the best interests of the child. Shifting gears from the division of assets to custody issues is very important. You know what you want, but what is best for your child? The first step is educating yourself on the types of custody that may be granted.

Types of Custody

Sole custody means that the child lives with one parent full time and that parent makes all of the decisions regarding the child’s life.
Joint custody is where the child lives primarily with one parent, but both parents cooperate to make major decisions regarding the child.
In split custody, one parent has full custody over some of the children, and the other parent has full custody over the other children.
In shared custody, both parents retain legal and physical custody of the children. The parents work together in all decision-making, and the children live in equal amounts of time with each parent.

Factors Affecting Custody Decisions

The Canadian courts will decide custody based on the best interest of the children. The judge will consider the parent-child relationships; parenting abilities; each parent’s mental, physical, and emotional health; the parents’ and child’s schedules; support systems; sibling issues; and, if over age 12, the child’s wishes.

For a moment, put aside the emotional factors driving you to seek custody. Think pragmatically about the situation. Do you work full time? Are you busy during non-working hours? Are you willing/able to change your schedule to meet the demands of children, including their sporting events, school extracurriculars, and more? Are you close to your children emotionally? Answer these questions honestly. It’s tough to do. You WANT to be with your child, but realistically, if you can’t/won’t change your lifestyle to allow for their needs to come first, are you really the best choice for sole custody?

Take a look at all of the custody options with your children in mind. Even if your divorce is acrimonious, you both probably want the best for your kids. Seeking custody just to take it from your spouse is not a good reason to do it. You never want your child to feel like they are just one more factor causing trouble between you.

If you’ve decided you want to pursue sole custody, behave appropriately. Build strong relationships with your children. Attend all school events and show interest in their activities. Be respectful of your spouse. Watch your behavior — behave as if the judge is watching you at all times — and be the best person you can be. Pay child support if ordered. Follow all rules set forth during the proceedings. Any evidence, including disparaging remarks on social media, angry phone calls, or inappropriate behavior, will likely come into play during the custody hearings.

Remember to put your children’s best interests first during your quest for custody. Consult one of the lawyers at Verhaeghe Law Office by calling 587-410-2500 today. We’ll help you do the right thing for you, your spouse, and your children.

Three ways to divorce

Filing a divorce can be rather stressful for anyone for a number of reasons. Divorce is an emotional and hard decision for any couple who may have envisioned a happy life together. For whatever reason, when things complicated, and divorce is the only way out, many couples are clueless about what should be the right approach.

In Canada, little is discussed about how to find the best civil lawyers for a divorce proceeding and how to proceed correctly. Many couples who come to us don’t know where to start when they want to fill for a divorce.

Filing divorce-Ways & means

Once you and your partner have decided to officially end a marriage, it is time to decide the course of proceedings. If there are no complications like common property, business or co-parented children, the divorce becomes easier. However, in an event of any mutual disagreement concerning matters of property, children or money, couples may have to wait a considerable amount of time before the divorce decree is finally granted by the judge. There are basically three ways to filing a divorce. Depending on your personal condition, you will have to choose the best one for you. Here are the three ways to initiate filing:

Joint Divorce Application

A joint divorce application means that both the parties intend to get a divorce. Corollary issues such as child or spousal support, financial matters, the joint property may be dealt with in this type of application, so long as both the parties are agreeing on all the claims in the application. This option can be used if the parties have entered in a separation agreement pertaining to the other corollary aspects of their relationship or have no corollary issues.

Contested Divorce Application

A contested divorce application is when either of the parties is not in agreement with divorce or any corollary associated with it. In this type of divorce, one party serves notice to the other party to which response should be initiated within 30 days (or 60 outside North America). The divorce becomes contested if the opposing party files their responding documents within the 30 day limit.

Uncontested Divorce Application

An uncontested divorce application is not a separate divorce application per se. When one party files for a divorce and the spouse does not respond or file an answer with documentary evidence within the stipulated 30 day period, the divorce becomes uncontested. Once the time has expired, the court assumes that the opposing spouse does not contest the divorce and the divorce becomes “uncontested.”

Generally, divorce orders become effective 31 days after being granted. In countries worldwide, if you have been married legally, you will have to wait until the divorce certificate is granted to marry a new partner. Though this is just a gist of the divorce process, getting the right documents, finding the best defence lawyer and getting things done in an organized and time efficient manner can be daunting.

For more information on how to get your divorce in a stress free, timely and efficient way call us today at Verhaeghe Law Office 587-410-2500 – we are a reputed law firm specializing in divorce and other civil lawsuits. Feel free to visit our homepage by clicking here.