What is In Loco Parentis?
In loco parentis is a Latin term which means “in the place of a parent”. In family law, it refers to a situation where someone who is not a biological or adoptive parent is treated as a parent […]
Family Law
Decision-Making Rights in Disputes Over Burial and Cremation: A Case Study of CR v CM, 2024 ABKB 354
The death of a child is an unimaginable loss for any parent. Emotions understandably run high, and difficult decisions must be made. When former partners or spouses disagree on these decisions, it can make an already tragic situation […]
Relocation and The Burden of Proof
In March of 2021 significant changes were made to the Divorce Act, introducing provisions to guide parents wishing to relocate with their children after a divorce or separation. The relocation provisions begin at section 16.9 and […]
Maintaining Shared Parenting Post Separation
Shared parenting, characterized by a parenting arrangement where neither party has the child or children for less than 40% of the time, is a vital aspect of post-separation childcare. When both parents have been significantly involved in the […]
Contracts in Family Law: Can Counsel Bind their Clients? And What Counts as a Binding Agreement?
Whether first year Contract Law was your best or worst law school subject, contracts are infused into all areas of legal practise. This is no more apparent than when counsel are coming to terms of an agreement, including in divorce.
The […]
Imputation of Income to a Spouse with a Disability
When individuals are going through a divorce, if a spouse is found to be underemployed, income may be assigned or “imputed” to them for the purposes of determining how much support is payable.
This raises a novel question, what happens when […]
How Do Courts Value the “Goodwill” of Businesses in Alberta in Family Property Division?
Consider this fact scenario – you own a dental practice and are getting a divorce. The dental practice, if acquired during the relationship, is subject to family property distribution.
The Fair Market Value of the business for purposes of property distribution […]
What Factors Will a Court Consider When Determining the Division of the Increase in Value of Exempt Property?
In a divorce some assets are exempt from family property distribution, including assets brought into the relationship. The increase in value of said assets, however, such as a home you had prior to marriage that increased in value due to […]
How Will a Book of Business be Treated in Divorce?
When you and your ex-spouse decide to divorce, family property will be divided pursuant to the Family Property Act, Alberta. If you or your ex have a “book of business” or “book of clients”, you may wonder what the courts […]
The Hague Convention and the Process for the Return of a Child
What do you do if your partner absconds from the country and takes your child with them; or, alternatively, you return to Canada from international travel with your children and your partner thinks that the children should have remained abroad?
At […]