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PROTECTING YOUR ASSETS: 5 STEPS TO DEVELOPING A GROUP HOME PURCHASE AGREEMENT
Purchasing a home in a group is a common reality these days. In fact, almost 40% of people looking to purchase a home today, whether as a primary residence, rental property, or vacation spot, are looking to make the purchase as a group [1]. Whether the group consists...
REAL PROPERTY REPORTS: CRUCIAL FOR HOME SALES
Selling your house is an exciting time, however there is often quite a bit of paperwork to organize and provide to all parties. One of these documents is a Real Property Report, commonly referred to in Alberta as an RPR. A report which outlines your lot size, as well...
Know your Rights under the new Family Property Act in Alberta
On January 1, 2020, the new Family Property Act will come into full force and effect. Until that date, Adult Interdependent Partners do not have legislation to guide them in the division of property and debt the way that married couples do. To ascertain whether this...
A right of child custody. Don’t overlook the duty.
A recent Alberta decision confirms a family court will deal harshly with non – cooperative parents. Justice Labrenz in SJB v. RDBB, 2019 ABQB 624 pgs 6 – 10, noted the Father’s post separation behavior and, with the children’s best interest in mind, limited both the...
Woman who alienated son from ex-husband loses custody over boy’s care
A woman has lost a fight over the care of her 12-year-old son after a High Court judge concluded that she had alienated the youngster from his father. The boy, who has been at the centre of a family court battle between his separated parents for most of his life, was...
UNDUE HARDSHIP: Deviating from the Federal Child Support Guidelines
A claim for undue hardship is a method by which payors of child support can obtain permission from a court to pay less than the Guideline amount for section 3 child support. Similarly, recipients of child support can make a claim for undue hardship to force a payor to...
Tax basics for newly separated parents
In Canada, more than 40% of couples will divorce or separate—and, among them, about 25% will have minor children at the time of their split. Spelling out the financial supports and custody arrangements for the children of a separating couple can be very difficult. So...
My Research on Divorce and Fathers: “Equal parenting time is a public health issue.”
I recently came across a fascinating opinion by William Fabricius at Arizona State University. His insights provide a valuable starting point for a much needed discussion in the courts, and in society, about the role a father can and should play in post separation...
New year, new family law for Canadians
Bill C-78 will update old child-custody terminology, rules for family relocation, and definitions of family violence Originally featured on CanadianLawyerMag.com on January 7, 2020, by Bernise Carolino. The new year is expected to usher in major changes to Canada’s...
Child Access Must Continue in the Midst of the Covid-19 Crisis
2020 ONSC 1829 (CanLII – Ribeiro v Wright) In a ruling that may surprise some, but not all, Justice A. Pazaratz, of the Ontario Supreme Court, ruled that CV concerns or not, the virus is no reason to deny child access. Citing the potential for confusion to children,...