What is Family Law in Calgary?
The legal system is complex, and Family Law Calgary (EBL Family Law) has the experience and knowledge to navigate it effectively for our clients.
Practicing family law in Calgary requires applying the laws in the Federal and Provincial Legislation which pertain to married families and non-married families. Calgary Family law is governed by these Acts of legislation from Canada and from Alberta, including but not limited to:
The Rules of Court Alberta
This Provincial Legislation is often the first step in determining whether the jurisdiction of a Family Law matter is Alberta, and whether it is applicable to Family Law Calgary.
The Family Law Act
The Alberta Family Law Act is Provincial Legislation which applies to non-married parents in Alberta. It can also apply to married parents if they would prefer not to file for Divorce. In Alberta, parties can choose whether to file their Calgary Family Law Act Claim in either Provincial Court, (and be heard by the Provincial Court of Alberta – Family and Youth Division), or the Court of Queen’s Bench of Alberta. Generally, relief claimed under the Family Law Act relates to guardianship, contact, parenting time, child support, and adult interdependent support.
The Divorce Act
This is Federal Legislation. Therefore, Alberta Family Law matters as they relate to Divorce are generally the same across Canada and throughout the Province of Alberta. Generally, the Divorce Act governs Alberta Family Law and Calgary Family Law in the areas of custody and access, child support, spousal support and the termination of marriage. Divorces are governed by the Court of Queen’s Bench Alberta such that you must file at Queen’s Bench and not Provincial Court.
The Matrimonial Property Act
The Matrimonial Property Act is Provincial Legislation which applies to married individuals in Alberta, and /or property situated in Alberta. Therefore, Alberta Family Law and Calgary Family Law matters as they relate to Matrimonial Property (and Debt) may differ from other Provinces. Generally, the Matrimonial Property Act governs Alberta Family Law and Calgary Family Law as it relates to determining what is considered to be matrimonial property, and how it should be divided. Matrimonial property is governed by the Court of Queen’s Bench such that you must file at Queen’s Bench and not Provincial Court. Often a Statement of Claim for Divorce and Division of Matrimonial Property are filed together.
The Child, Youth & Family Enhancement Act
Alberta Family Law in the area of Child Welfare and safety is primarily governed by this Act. These matters are heard by the Provincial Court of Alberta – Family and Youth Division. This Act pertains to situations in which the survival, security or development of a child is at risk as a result of a number of factors, including physical, emotional, and/or sexual harm. The Act provides for the circumstances which would necessitate an intervention for the child’s safety and potential treatment.
Family Law Calgary has extensive experience in all aspects of the law which pertain to separation for married or common-law partners, children, and property. These include:
- Separation and Divorce Agreements
- Parenting (Custody and Access) of Children
- Child Welfare
- Spousal or Partner Support
- Child Support
- Division of Property & Debt
- Common Law Separation
- Common Law Property Issues
At Family Law Calgary (EBL Family Law), we can advise and help you address the many other types of issues which arise under the broad category of Family Law including: Restraining Orders, Emergency Protection Orders, Home Possession Orders (Exclusive Possession Orders), Guardianship of children, Grandparents’ Rights, Adoption of children & adults, Extraordinary Child Expense Orders, Spousal (or Adult Interdependent Partner) Support Orders and Travel Orders.
Throughout the process, we may need to engage with other experts like financial advisors, accountants, tax lawyers, real estate professionals, family trust and estate experts, to acquire the information necessary to effectively handle the legal matters for our clients.
We have a strong network of other professionals in Calgary to whom we refer clients for psychological counseling, debt counseling, and other kinds of support and assistance.
Choosing a Family Lawyer in Calgary
Here are a few questions to ask a lawyer you are considering to handle your family law case:
- Does your personality “fit” with the lawyer’s? Do you sense you can get along?
- Ask how long it takes for the lawyer to respond to a call from you.
- Is the lawyer willing to work within your budget?
- Is the lawyer you speak to the one who will actually do the work on your behalf?
- Ask how the lawyer has handled cases similar to yours and what the outcomes were.
