Ask the ExpertsDivorce

In many cases, divorces are financially devastating.  This is particularly true for farm families – many litigated outcomes can cause farmers’ operations to be irreparably crippled.  The Collaborative Process can help farmers weather the storm of divorce better.

In the Collaborative Process, the separating spouses and their lawyers engage in 4-way meetings to find creative options for resolution.

This Process allows you to set your own agenda and timetable.  The spouses identify the issues to be discussed.  Depending on the complexity of the issues and the level of conflict, 5 topics could be discussed in one meeting, or one topic may take …

Once your kids are 16 years old, they may apply for their passport without requiring their parents’ signatures.  Until that age, though, both parents’ consent are usually required – this consent comes in the form of a signature on the application form.

If you have a Separation Agreement or a Court Order for “joint custody”, this automatically requires both parents’ signatures on the application.  If one parent has “sole custody” and the other parent has “reasonable access”, then the non-custodial parent’s signature may not be required.  If the non-custodial parent has specified access, then their signature will be required.

Passport Canada will …

You’re part of a growing trend of people who have heard about collaborative family law, but aren’t sure if they want to “buy in” to the process.

You may have read my article a couple months ago introducing collaborative law as structured process, which offers families an alternative to court in resolving their family dispute, including separation, divorce, and other disputes. It allows parties to focus on what is important to them and to their families in order to reach an acceptable solution. The parties and their lawyers form a core team, working together in 4-way meetings to address and creatively …

First things first… CONGRATULATIONS on choosing a process that is going to put your children in the centre, instead of in the middle.

As you likely know, the Collaborative Process is based on the idea that all of your discussions about your separation and divorce will occur within the context of “4-way meetings”.  Here is your cheat sheet about the Process.

Who: Usually it’s only you, your spouse, and each lawyer.  If everyone consents, others may join the meetings such as professional advisors or family members.  The separating spouses are responsible for determining the outcomes, and the lawyers are responsible …

You may be able to avoid going to court or even seeing a lawyer! On December 1, 2009, Alberta Justice started a new service called the Child Support Recalculation Program.

Upon application by one party, the service recalculates child support using most recent income tax information for each parent.  It can review numbers both for base monthly support as well as proportionate shares of special expenses.

To enroll in this service, one parent must submit an application along with a copy of their order or agreement.  Eligibility is then assessed.  A recalculation may be done on the anniversary date of …

When you meet with your lawyer or mediator, they will provide a questionnaire for you to complete which includes a list of all of your assets and debts.  The following is a list of common types of property which you will have to provide details about:

• Real estate – matrimonial home, recreational properties, etc. including mortgages
• Pension Plan details – obtain a Statement of Division of Pension On Marriage Breakdown
• RRSPs
• Bank Accounts – chequing, savings, investments, credit union equity accounts
• Vehicles – household and recreational (quads, snowmobiles, watercrafts)
• Life Insurance Policies
• Points Accounts – Aeroplan, Air Miles, Co-Op, HBC, etc.
• Business Interests
• Personal Loans – lines of credit,

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Yes. When you travel with your children, and the other parent is not traveling with you, it is important to prove to the officials that you are traveling with the consent of the other parent. A “consent to travel” form is often requested by airlines and customs & immigration officials. If you do not have this form, you may be prohibited from traveling until this form is completed by the non-traveling parent.

There is no official form which must be used. However, the key is to have the Consent signed in front of a Commissioner for Oaths, which may be found …

I recently read a book called “Mom’s House Dad’s House” by Isolina Ricci.  I have recommended it to many clients because it is valuable in helping to change your mindset as it relates to your divorce.  It had many “a-ha” moments throughout the book, but the one that really struck me was the “Family Bill of Rights” that I encourage my clients to implement in their binuclear households:

1. Each child has the right to have two homes where he or she is cherished and given the opportunity to develop normally.
2. Each child has the right to a meaningful, nurturing relationship with each

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After you separate, it is almost certain that some level of trust between you and your former spouse has been broken.  You do not need this trust to be rebuilt before embarking on the Collaborative Process.

The Collaborative Process is a process where you and your spouse will sit down with your lawyers and resolve your separation and divorce issues openly and honestly.  Before you enter into this Process, the parties and the lawyer will sign a legally-binding contract which requires that each spouse will be transparent in the information that they provide during the process. This is key to the …

In a nutshell… maybe.

The 1st question is: do you “stand in the place of a parent” to your step-kids? The court will look at the parental relationship while you were a family unit, not after the separation. Factors to be considered are: do you discipline them? Do you show others that you are responsible for them? What is your relationship with them compared with that of the absent biological parent?

The 2nd question is: are there other persons who are/should be paying support for your step-kids? The courts have ruled in so many different ways on this …