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This is a topic I hold dear to me because of the positive effects it can have on families going through separation & divorce.

Collaborative Family Law is a structured process which offers families an alternative to court in resolving their family dispute.  It allows parties to focus on what is important to them and to their families in order to reach an acceptable solution.  Parties effectively reduce their conflict and get to a resolution much faster than in a litigated settlement.

At the start of the process both parties and their lawyers sign a Participation Agreement committing to establish an open …

What do children in the midst of their parents’ high conflict divorce want for Christmas? Ask them… they’ll tell you they want freedom from conflict – a gift that will last a lifetime.  Wouldn’t that be a special gift for your children?

When parents talk about how they will share holidays and special occasions, many parents express that they simply want to “share holidays by mutual agreement”, leaving the exact allocation of time to a discussion closer to the actual holiday.  Let me tell ya… there’s a reason why I and many family lawyers/mediators discourage this level of generality.  It is …

When you are travelling this holiday season, do yourself and your kids a favour – get a Consent to Travel form signed by the non-travelling parent in front of a Notary Public or a Commissioner for Oaths.  This is not only required for divorced/divorcing parents – it’s anytime you are travelling without the other parent (I’m married, and I’ve been asked for it every time I travel alone).

Technically, you only need this form for travel outside ofCanada.  If you want to do it yourself, you can go on the Transport Canada website and they have a form for you to …

The process to apply for legal aid is slightly different in Saskatchewan and in Alberta.

FINANCIAL ELIGIBILITY: In both provinces, you must contact the regional legal aid office to apply for assistance from a legal aid lawyer. Each province will screen its applicants for financial eligibility. In Alberta, you will be screened based on your income. In Saskatchewan, you will be screened based on both your income and your assets.

LAWYER QUALIFICATIONS: In both provinces, legal aid lawyers are all qualified lawyers who graduated from law school, just the same as lawyers who are privately retained. In Alberta, …

If your adult child is going thru a divorce, it is very important that you support them in the way that they need you most.  The worst thing you could do is to add to the pain that your child is already going thru.  Of course, you wouldn’t do this intentionally, but sometimes in overly criticizing your child’s ex, you may contribute to more uncertainty and confusion for your child.

How can you help your child? Here are some of the many ways:

Firstly, ask them what they need from you.  Ask them how their relationship will be with their ex during …

In Alberta, new legislation was passed on February 1, 2012 with sweeping changes to how marriage and divorce affects your will. 

It used to be that entering into a marriage or an Adult Interdependent Partner Agreement revoked any existing will.  Under the new legislation, these events do not revoke an existing will.  However, if you do not change your will to include your new spouse, you could have trouble looming after your death with a claim on your estate by your spouse (that’s for another article…).

In Saskatchewan, it is still the case that entering into a marriage or into …

You mean you still have to work with your ex on issues regarding the kids after the divorce has been finalized? Imagine that!

Some clients wonder why I encourage them to choose a divorce process that will allow them to be able to (and even want to) communicate with their ex post-divorce.  Extra-curricular activities often consume a great deal of your kids’ out-of-school time.  It is helpful if you have a good working co-parenting relationship with your ex, because it will then be more likely that you will co-operate to get the kids where they need to go, on time.

Think about …

By agreement between you and your former spouse, you have a right to enter into a parenting arrangement with biological kids and/or step-kids. 

If you and your former spouse cannot agree, you may make an application to Court to ask for time with your step-kids.  If you are unmarried and the kids reside in Alberta, you may apply to Court under the provisions of the Family Law Act called “contact time”.  This is designed for anyone who believes that they have a right to spend time with kids who is not a legal guardian of the kids.  In fact, this is …

Can “sharing” and “divorcing” go together in the same sentence? As you work out your parenting plan, and determine where the kids are going to live, have you come to impasse where you truly believe that you cannot come to an agreement on who will get the kids when and for how long? You may want to consider continuing to share your matrimonial home with your ex-spouse.

“How on earth…” you say? Well, did any of you follow the TLC reality show Jon & Kate Plus 8? When they first separated, they did this type of parenting plan.  Kids stay in …

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 …