Family Law

The difference between a divorce and an annulment

By LegalMatters Staff • The key difference between a divorce and an annulment is that while a divorce terminates a legally valid marriage, an annulment treats the marriage as if it never existed. “When a marriage is annulled, the court will issue a Nullity Decree. It takes effect immediately, declaring that the marriage did not […]

The difference between a divorce and an annulment Read More »

Grandparents don’t have automatic right of access to grandchildren

By Tony Poland,  LegalMatters Staff • Grandparents can play a meaningful role in their families’ lives but what happens when parents don’t want them interacting with their children? While family courts have stated that it can be beneficial for a child to have contact with their grandparents, that doesn’t necessarily mean grandparents have an automatic

Grandparents don’t have automatic right of access to grandchildren Read More »

The duties of Alberta’s Office of the Child and Youth Advocate

By LegalMatters Staff • Independent from the Alberta government, Children’s Services or Youth Justice, the Office of the Child and Youth Advocate (OCYA) is mandated to provide individual and systemic advocacy for children and youth receiving “designated services” as defined under the Child and Youth Advocate Act. Its clientele includes young people receiving or attempting

The duties of Alberta’s Office of the Child and Youth Advocate Read More »

Post-secondary studies may lengthen child support obligations

By LegalMatters Staff • While child support payments generally end at 18, some circumstances may obligate parents to provide support beyond the child’s age of majority. “The Alberta Child Support Guidelines list four reasons why child support may have to be paid past the age of 18,” says Edmonton family lawyer Mark Demas. “They are

Post-secondary studies may lengthen child support obligations Read More »

It may be time to modify your parenting agreement

By LegalMatters Staff • The parenting agreement ex-spouses reach after a relationship breakdown may have to be modified in the years to come. There are various reasons why that could happen. “Over time, the agreement – which spells out who has parenting responsibility and what is the parenting time division – may no longer suit

It may be time to modify your parenting agreement Read More »

Pets should be treated as family members instead of mere property

By Tony Poland, LegalMatters Staff • New British Columbia legislation allowing pets to be treated as family members and not merely as property in a separation or divorce is a “positive move,” says Toronto family lawyer A. Julia P. Tremain. B.C. became the first in Canada to enact such a law and it remains to

Pets should be treated as family members instead of mere property Read More »

Addiction/abuse allegations can complicate parenting plans

By LegalMatters Staff • Parents sometimes find it difficult to balance work demands with family time. Faced with these pressures, some grow dependent on alcohol, cannabis or prescription drugs. That addiction is often a contributing factor to the failure of a marriage. If there are children involved, the former partners must reach a parenting agreement

Addiction/abuse allegations can complicate parenting plans Read More »

‘Misguided campaign’ is being waged to outlaw parental alienation

By Paul Russell, LegalMatters Staff • Parental alienation is a reality in many families after a marriage breakup and “woke feminists” cannot simply dismiss it as a legal defence to hide family violence, says Toronto family lawyer Gene C. Colman. “There is a robust academic literature on parental alienation, says Colman, principal of the Gene

‘Misguided campaign’ is being waged to outlaw parental alienation Read More »

Parallel parenting has its benefits but takes planning and effort

By Tony Poland, LegalMatters Staff • Parallel parenting can be an option for divorcing parents who cannot agree to co-parent, says Toronto family lawyer A. Julia P. Tremain. Tremain, a partner with Waddell Phillips Professional Corporation, says the approach is not commonly used in her experience but has its benefits. However, it takes planning and effort to

Parallel parenting has its benefits but takes planning and effort Read More »

When overnight parenting time begins depends on the family

By Tony Poland, LegalMatters Staff • Overnight parenting time can have a positive impact on the family as long as the child’s best interest remains at the forefront, says Toronto family lawyer A. Julia P. Tremain. Tremain, a partner with Waddell Phillips Professional Corporation, says studies have shown that starting overnight visits at a young age benefit

When overnight parenting time begins depends on the family Read More »