Ask the ExpertsFamily Law

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 …

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

…

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 …

It is going to be difficult to tell your kids that their parents are divorcing. How you tell them, and how you help them deal with their emotions in the aftermath of breaking the news is very important to consider.

Here are some tips on breaking the news:

Show that you are unified – if you can keep the conflict at bay, sit down together with your kids to tell them about the news as a family. Your kids should know that you are both there for them, and will continue to both be involved as their parents.

Have …

There are a number of items which you will need to gather to provide to your lawyer when you are in the process of separating. In anticipation of meeting with your lawyer, you should gather such disclosure as:

• Your (and your spouse’s) Income Tax Return &
• Notice of Assessment – 3 most recent years
• If you are an employee: 3 most recent pay stubs
• If you own your own business: financial statements for 3 most recent years
• Recent photograph of your spouse
• Official marriage certificate – from Vital Statistics, if available
• Any agreements or court orders respecting this relationship
• Receipts for any children’s “special

…

I am asked this question at least a couple times per week. There seems to be a common belief that children can decide where they want to live after they turn 12. That is false.

In Alberta and Saskatchewan, the legal age of majority is 18 – that remains the age at which parents officially cease to have control over their children as “children”. Therefore, that’s the official age at which your children have the legal right to choose where they live.

However, the courts in both Alberta and Saskatchewan may be inclined to hear the views of …

Whether you have been separated for 10 days or 10 years, the question of whether you have to go to court or not is this: have you dealt with your marital issues fully and finally?

When people say that they had a “complicated divorce” it usually means that they experienced conflict in dealing with some or all of the following matters: division of matrimonial property, spousal support, child support, and parenting responsibilities (i.e. custody/access).

There are a variety of processes available to resolve your marital issues: mediation, court, collaborative process, etc. So – do you have to go to court? If you …

Each time I write about spousal support, I always repeat the same statement of principle – the determination of spousal support is more of an art than a science. This remains true.

In order to determine whether you’re entitled to spousal support, you should begin by considering the factors set out in the various legislation – Divorce Act (Canada) if you’re married, or if you’re unmarried then you will consider the Family Law Act (Alberta) or the Family Maintenance Act (Saskatchewan).
In all three Acts, the factors for entitlement are similar – you must consider:

1. Length of cohabitation (age is also a …