Family Law

General Resources Families and the Law Domestic Violence Series

 

General Family Law Resources

  • Outlines which pieces of legislation that relate most closely to elder abuse;
  • Addresses support orders, protection orders, personal directives, capacity issues, and criminal matters under the law.
Last updated: March 2015

In Alberta, certain court fees may be waived if you meet specific financial eligibility criteria.

This information sheet provides basic information about court waivers in Alberta.

Last Updated: June 2016

dating and new relationships for older adultsWidowed or divorced and seeking new companionship?

The world of dating is different than it used to be.

This booklet provides information about legal issues related to new relationships.

Last updated: December 2013
  • The Alberta Family Law Act (FLA) does not specifically give or protect grandparents’ rights of access;
  • it does provide for options such as applying to the court for a contact order, or, if safety is an issue, arranging to be the caregiver or guardian of the children.
Last updated: June 2010

In Alberta, common law relationships are legally known as adult interdependent relationships or partnerships.

This booklet provides information on the law for unmarried Alberta couples including non-sexual partners who live together.

Last updated: January 2013

Moving with Your ChildrenExplains the legal issues (custody, access) that should be considered and addressed before making plans to move with your children to a new city or province.

Last updated: April 2015

This information sheet covers many of the topics that you may want to include in your separation agreement. The list is not exhaustive, but a good starting point for discussion.

Last Updated: May 2016

What parents who travel with their children need to know about the legal requirements they must meet if they travel without the child’s other parent or guardian.

Last updated: September 2015

 

Families & the Law Series

  • custody and guardianship, parenting plans,
  • how to make agreements with the other parent,
  • common problems and suggestions on how to resolve them.
Last updated: June 2014
  • For people who were legally married and people who lived in a common law relationship.
  • Information about partner and spousal support, child support, and common problems and how to solve them.
Last updated: June 2014

Explains the law and property division when a relationship ends in Alberta.

  • dividing property for married and unmarried people,
  • debts,
  • common problems and ways to solve them.
Last updated: June 2014

The booklet has information for people who were legally married and who lived in a common law relationship on:

  • how to present evidence in court,
  • how to bring an application,
  • common problems and ways to solve them.

We’ve also included some tips and hints that will help you if you are representing yourself in court.

Last updated: June 2014

This publication explains the law for young parents in Alberta.

The booklet has information about pregnancy, adoption, guardianship, living together, getting married, living apart and child support.

Last updated: June 2014

 


Families and the Law: Domestic Violence Series

How to use the law to keep away an abuser.

The Protection Against Family Violence Act (PAFVA) provides for protections against family violence including threats, stalking, damage to property, not allowing a family member to leave the home, and physical and sexual abuse.

Last updated: May 2015

Explains the law and parenting in Alberta.

  • custody and guardianship,
  • parenting plans,
  • how to make agreements with the other parent,
  • common problems and suggestions on how to resolve them.
Last updated: June 2014

Calling the police and making a criminal complaint is an important way for a person experiencing abuse to be protected and one way to prevent future occurrences.

Last Updated: December 2016

An Emergency Protection Order (EPO) is a legal tool intended to protect Albertans experiencing family violence.

If you are experiencing family violence, you may want to consider applying for an EPO.  This resource provides information on eligibility, range of options, and how to apply.

Last Updated: May 2016

Explains what an exclusive possession order is and what a court order can cover, such as: sole possession of the matrimonial or family home. A court can also order your spouse or partner be evicted from the home and can require him or her to stop entering or going near the home. An exclusive possession order can also give you exclusive possession of the family vehicle, pets, and other household goods you need to look after yourself and your children.

Last Updated: May 2016

If you are thinking about leaving an abusive relationship, but worried about supporting yourself financially, this guide will explain financial support options that may be available to you.

It includes information on government-funded emergency supports and how to make an application for child and/or spousal/partner support.

Last Updated: May 2016

If you have experienced domestic violence, it is important to document and gather information about your experiences in case you have to make a court application, such as an application for custody of your children. While this can be a very difficult process to go through, it can substantially increase your chances of success in court. This information sheet will help you to understand the process involved.

Last Updated: May 2016

If you are at-risk of or currently experiencing domestic violence and thinking of leaving your relationship, this information sheet lists some important things to consider in making a plan to leave.

Last Updated: May 2016
This resource features information for anyone who is not a Canadian citizen and has experienced or is at-risk of family violence. This includes anyone who is being sponsored by their spouse or partner (“family class sponsorships”) or is a foreign national dating someone in Canada.

Last Updated: October 2017

If you are experiencing any form of domestic violence (physical, mental, social, emotional, sexual), you may be able to get a no contact order to help prevent the abusive party from seeing or communicating with you. In Alberta, there are different types of no contact orders.

Answer the questions on this information sheet to help determine which orders may apply to your situation.

Last Updated: May 2016

A peace bond (also known as a recognizance) is a type of no contact order that is issued by a criminal court judge. You can apply directly to criminal court for a peace bond. They are also issued as a way of resolving criminal charges.

Last Updated: May 2016

If you are at-risk of or currently experiencing domestic violence, it is important to think about what to do if the situation escalates and you need to get help right away.

This tipsheet provides information on who to call and where to find help.

Last Updated: May 2016

Going to court often causes feelings of anxiety and fear. These tips will help ease your nerves if you need to attend court.

Last Updated: May 2016

This information sheet describes what a Queen’s Bench Protection Order is;

  • how it differs from an EPO;
  • when a QBPO can be applied for as well as how to make an application.
Last Updated: May 2016

The Residential Tenancies (Safer Spaces for Victims of Domestic Violence) Amendment Act allows tenants who are experiencing domestic violence a way to end their lease early, without financial penalty

Last Updated: December 2016

What is a restraining order and who can issue an order?

If you are not eligible for an Emergency Protection Order (EPO) or Queen’s Bench Protection Order (QBPO), then a restraining order may be your next best option, especially if you need help right away.

Last Updated: May 2016

This fact sheet provides information for Albertans who are thinking of leaving an abusive relationship, and may need to prepare family court applications for protection orders, financial support, or child custody.

Last Updated: May 2016

If you are leaving an abusive relationship, a family law lawyer can play a key role in helping you understand your legal options, rights, and responsibilities.

Last Updated: May 2016

If you have left an abusive relationship and are making a family court application, you will likely need to submit an affidavit with your application. If you have a lawyer, he or she will draft an affidavit for you to review and sign. If you are representing yourself, you will probably have to write your own affidavit.

Last Updated: May 2016