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 5 meetings.

Costs can be reduced.  Existing farm advisors may be asked to attend meetings or to provide reports or historical documentation.  If it were a court process, experts who are strangers the operations are usually retained at significantly higher cost.

Once the Participation Agreement has been signed, the parties opt-out of the court process.  This commitment encourages all parties to stay at the Collaborative table until a final agreement has been reached.

Parties can think outside the box in arriving at creative solutions that meet everyone’s needs.  The decisions will all be made by the spouses, not by the lawyers and not by the courts.  Lawyers have special training to assist clients to arrive at these solutions by finding common interests of the parties.

If succession planning is important, you may prioritize this during the Collaborative Process.  The lawyers will work together with the parties to arrive at a solution which ensures that the farm will be able to continue for generations to come.

Farmers who wish to ensure that they have the best chance to weather the divorce storm should meet with a Collaborative lawyer to determine whether this is an appropriate process for them.

Feel free to contact Stephanie to answer your questions or to set up a consultation.  Archives of all articles can be viewed at www.kindrachukdobson.com.

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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 review your Agreement or Order carefully to determine the custody and access arrangements.  In addition, the clerk will also look for whether there are restrictions on mobility – i.e. the parents may not remove the children from X location without the consent of the other parent.  In these cases, both signatures are required.

You may need to apply to the Court for an Order if any of these situations apply to you:

• You don’t have an Agreement or an Order, and you cannot locate the other parent
• You have joint custody, but the other parent will not sign the passport application
• You are afraid to contact the other parent due to the level of conflict
• You fear that the children will be abducted if a passport is issued

If you are on the other side of the coin, and are the parent who wants to ensure that the children do not obtain passports due to fear of abduction, once you have a Court Ordered mobility restriction on the children, you may advise Passport Canada that the children should be placed on the System Lookout to generate an alert if an application is received.

Easiest way to resolve this matter proactively is to ensure that appropriate wording is used in your Agreement or Order to specify whose consent is required for a passport application.

Feel free to contact Stephanie to answer your questions or to set up a consultation.  Archives of all articles can be viewed at www.kindrachukdobson.com.

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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 resolve legal and non-legal matters affecting their family.

This process may be for you if you agree with most of these statements:

1. I want to maintain respect for the other party
while I move through this process.
2. I want to protect our children from the effects of our separation or divorce.
3. I want an agreement which reflects my core values and what is important to me.
4. I want to be able to put our differences aside to arrive at a mutually acceptable long-term plan for our family’s future.
5. I can behave ethically towards my former partner.
6. I want to maintain control over the process.

Your lawyer will discuss with you the various options for resolving your dispute. Collaborative family law is but one of the options. It is important to choose the right option for you.

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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 for managing the process and establishing an environment conducive to good communication.

When: Meetings are set based on all 4 parties’ schedules.  They may be set every couple weeks or every couple of months depending on the parties.  We average between 3-6 meetings, based on the number of issues and the level of conflict.

Where:  Usually you will alternate between each lawyer’s boardroom.

What: This is what we do during the meetings:

• Review and sign Participation Agreement
• Identify what’s important to each party
• Identify issues and prioritize
• Gather information
• Lawyers provide legal advice
• Generate and weigh options for resolution
• Achieve resolution
• Lawyers draft the final agreement and the divorce papers

Feel free to contact Stephanie to answer your questions or to set up a consultation.  Archives of all articles can be viewed at www.kindrachukdobson.com.

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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 your order or agreement.  For the new support figures to be provided, income information must be provided to the Program.  Then, they will provide a Recalculation Decision, which becomes as enforceable as a court order.  Each recalculation costs $75 per parent.

What if one party refuses to provide income tax information? The Program has the authority to deem that the non-disclosing party’s income has increased anywhere from 10% to 25% from the date of the order, depending on how long it has been since child support has been reviewed.

Sounds simple? Although there are many people who will be able to use this service, there are significant limitations on the types of orders and/or agreements that are eligible to use this service.  I’m certain that I have left you with more questions than answers.  For more information, go to www.recalculation.gov.ab.ca. 

Feel free to contact Stephanie to answer your questions or to set up a consultation.  Archives of all articles can be viewed at www.kindrachukdobson.com.

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• 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, family loans, student loans, etc.
• Credit Cards
• Inheritances, Gifts

You must tell your lawyer or mediator these types of details: in whose name each asset is registered, the current fair market value, the date it was purchased and/or sold (if applicable), the lender’s name and balance outstanding on each debt, in the case of an inheritance or a gift – who you received it from, and when.

For a copy of our questionnaire, you may visit our website under “FAQs”.  You can complete this questionnaire and take it to any lawyer of your choice.

Feel free to contact Stephanie to answer your questions or to set up a consultation.

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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 at banks, real estate offices, law offices, insurance agencies, and other similar offices.

If you are in need of a Consent, it is the non-traveling parent who must sign the form. It is a very simple step to take, but can avoid a whole lot of hassle when you are travelling.

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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 parent.
3. Each parent and child has the right to call themselves a family regardless of how the children’s time is divided.
4. Each parent has the responsibility and right to contribute to the raising of his or her child.
5. Each child has the right to have competent parents and to be free from hearing, observing, or being part of their parents’ arguments or problems with one another.
6. Each parent has the right to his or her own private life and territory and to raise the children without unreasonable interference from the other parent.        

If you live by this Bill, your children will be well suited to grow up with happy and healthy family relationships despite your separation and/or divorce.

Feel free to contact Stephanie to answer your questions or to set up a consultation.

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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 Process being successful.

The lawyers ensure that their clients are aware of their responsibility to, for example, disclose all of their assets and debts.  If there are asset valuations to be obtained, the parties may jointly hire a neutral expert who can provide such valuations.  Statements of assets and debts such as RRSPs, bank accounts, credit cards, pension plans, and loans, where available, are expected to be disclosed.  Any items in your property division may be verified prior to being accepted.  This is the due diligence that is expected during the process.

Trust is something that may be able to be rebuilt, slowly and over time. It is not a condition precedent to the Collaborative Process being engaged.  

Feel free to contact Stephanie to answer your questions or to set up a consultation.

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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 one that it’s tough to give a straight answer. Some courts have placed the greatest support burden on the birth parents, while other courts have placed more importance on the step-parent who has the most involvement with the child.

The 3rd and final question is: if the step-parent must pay child support, what proportion should they take on as compared with the absent birth parent? Again, no easy answer, but some courts may order that the step-parent is only required to pay a certain % of the total support obligation, forcing pursuit of the absent parent to contribute the remainder.

So, in short, a step-parent may have to pay support for a soon-to-be-ex-step-child, but the final determination depends on your circumstances and your relationship with your step-kids.

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