Family Law Module 1

Front 1

Some of these alternatives are promoted and funded by the provincial government, such as ________, the _______, and the ______program. Other alternatives include various _______ that can be negotiated and drafted by the family law lawyer, such as the ______or ______.

Back 1

mediation

Parenting After Separation seminar

Dispute Resolution Officer

family law agreements

Prenuptial Agreement

Separation Agreement

Front 2

The legislative authority to enact laws pertaining to family law is fragmented. Under s. 91(26) of the BNA, the federal government has the exclusive authority to pass laws respecting ______, but under s. 92(13), the provincial legislatures are authorized to pass laws pertaining to the _____ of marriage.

Back 2

marriage and divorce

solemnization

Front 3

The federal government enacted the _______.

The provincial government of Alberta used its legislative power to enact the _______, which regulates

Back 3

Divorce Act, the Marriage (Prohibited Degrees) Act, and more recently the Civil Marriage Act;

 The marriage Act

marriage ceremonies and the issuing of marriage licenses within the province.

Front 4

The constitutional framework of family law is complicated further by the fact that the provincial legislatures are authorized under s. 92(15) of the BNA to pass laws in relation to property and civil rights. The Matrimonial Property Act, which provides for division of matrimonial property upon marriage breakdown, is a _____ statute.

Back 4

provincial

Front 5

The Family Law Act, which provides for such things as _______ 3 orders (which would fall under “civil rights”) is also a _____ statute. Similarly, the Protection Against Family Violence Act, which authorizes the courts to grant Protection Orders to various family members who may be experiencing family violence, was enacted by the Alberta government as part of their legislative authority over civil rights within the province.

Back 5

Parenting Orders, Spousal/Partner Support Orders, and Child Support Orders

provincial

Front 6

The Family Law Act, which provides for such things as _______ 3 orders (which would fall under “civil rights”) is also a _____ statute. Similarly, the Protection Against Family Violence Act, which authorizes the courts to grant Protection Orders to various family members who may be experiencing family violence, was enacted by the Alberta government as part of their legislative authority over civil rights within the province.

Back 6

Parenting Orders, Spousal/Partner Support Orders, and Child Support Orders

provincial

Front 7

3 provincial statutes

Back 7

Family law Act

Matrimonial Property Act

Protection against Family violence Act

Front 8

The Provincial Court, Family Division (also known as Family Court) has jurisdiction to grant much of the relief available under the Family Law Act, but not all. For example, the Provincial Court has jurisdiction to grant _____ (which are like Custody and Access Orders), _____ (for non-guardians such as grandparents who need a court order allowing them to spend time with a grandchild), but it does not have jurisdiction to grant a _____ under the Family Law Act. The Provincial Court also does not have jurisdiction to grant _____ under either the ________.

Back 8

4 Orders

Declaration of Parentage

relief

Divorce Act or the Matrimonial Property Act

Front 9

The Court of Queen’s Bench has jurisdiction to grant relief under the Divorce Act (which in addition to the divorce itself, covers _____) as well as the Matrimonial Property Act. The Court of Queen’s Bench also has jurisdiction to hear all the same matters under the Family Law Act that may be heard in the _____ Court. Additionally, the Court of Queen’s Bench has exclusive jurisdiction under the Family Law Act to deal with such matters as 2

Back 9

custody and access, child support, and spousal support

Provincial

Declarations of Parentage and Orders for Exclusive Possession of the Home.

Front 10

Unlike the Divorce Act, the Family Law Act does not require that _______before commencing an action. For example, an Alberta court has jurisdiction to grant a Child Support Order under the Family Law Act as long as the child or the parent against whom an application is brought simply resides in Alberta.

Back 10

a party reside in Alberta for a specific period of time

Front 11

Unlike the Divorce Act, the Family Law Act does not require that _______before commencing an action. For example, an Alberta court has jurisdiction to grant a Child Support Order under the Family Law Act as long as the child or the parent against whom an application is brought simply resides in Alberta.

Back 11

a party reside in Alberta for a specific period of time

Front 12

A real and substantial connection to Alberta will be proven on the facts of each case, but may include the consideration of such things as: 3

Back 12

The length of time the child has resided in Alberta;

Whether the child has ties to a community in Alberta; or

Whether the child has extended family members in Alberta.

Front 13

Unlike the Divorce Act, the Family Law Act does not require that _______before commencing an action. For example, an Alberta court has jurisdiction to grant a Child Support Order under the Family Law Act as long as the child or the parent against whom an application is brought simply resides in Alberta.

Back 13

a party reside in Alberta for a specific period of time

Front 14

A real and substantial connection to Alberta will be proven on the facts of each case, but may include the consideration of such things as: 3

Back 14

The length of time the child has resided in Alberta;

Whether the child has ties to a community in Alberta; or

Whether the child has extended family members in Alberta.

Front 15

The mediation report is NOT _一______\. However, the report can be taken back to the lawyers for the parties who can then ______ or a ____ based on what was agreed to in mediation.

Back 15

enforceable

prepare a formal (and binding) agreement

Front 16

Unlike the Divorce Act, the Family Law Act does not require that _______before commencing an action. For example, an Alberta court has jurisdiction to grant a Child Support Order under the Family Law Act as long as the child or the parent against whom an application is brought simply resides in Alberta.

Back 16

a party reside in Alberta for a specific period of time

Front 17

A real and substantial connection to Alberta will be proven on the facts of each case, but may include the consideration of such things as: 3

Back 17

The length of time the child has resided in Alberta;

Whether the child has ties to a community in Alberta; or

Whether the child has extended family members in Alberta.

Front 18

The mediation report is NOT _一______\. However, the report can be taken back to the lawyers for the parties who can then ______ or a ____ based on what was agreed to in mediation.

Back 18

enforceable

prepare a formal (and binding) agreement

Front 19

The cost of mediation varies depending on whether ___________________________. Family law lawyers typically have a list of privately hired mediators they can _______, province of Alberta.

Back 19

the mediator is hired privately or acquired through Family Justice Services

Front 20

Unlike the Divorce Act, the Family Law Act does not require that _______before commencing an action. For example, an Alberta court has jurisdiction to grant a Child Support Order under the Family Law Act as long as the child or the parent against whom an application is brought simply resides in Alberta.

Back 20

a party reside in Alberta for a specific period of time

Front 21

A real and substantial connection to Alberta will be proven on the facts of each case, but may include the consideration of such things as: 3

Back 21

The length of time the child has resided in Alberta;

Whether the child has ties to a community in Alberta; or

Whether the child has extended family members in Alberta.

Front 22

The mediation report is NOT _一______\. However, the report can be taken back to the lawyers for the parties who can then ______ or a ____ based on what was agreed to in mediation.

Back 22

enforceable

prepare a formal (and binding) agreement

Front 23

The cost of mediation varies depending on whether ___________________________. Family law lawyers typically have a list of privately hired mediators they can _______, province of Alberta.

Back 23

the mediator is hired privately or acquired through Family Justice Services

Front 24

Family Justice Services (a government department) also provides ______. To qualify, there must be

Back 24

mediators to qualifying families at no cost

at least one dependent child under the age of 18 years and one or both parties must have an income of less than $40,000.00 per year.

Front 25

Unlike the Divorce Act, the Family Law Act does not require that _______before commencing an action. For example, an Alberta court has jurisdiction to grant a Child Support Order under the Family Law Act as long as the child or the parent against whom an application is brought simply resides in Alberta.

Back 25

a party reside in Alberta for a specific period of time

Front 26

A real and substantial connection to Alberta will be proven on the facts of each case, but may include the consideration of such things as: 3

Back 26

The length of time the child has resided in Alberta;

Whether the child has ties to a community in Alberta; or

Whether the child has extended family members in Alberta.

Front 27

The mediation report is NOT _一______\. However, the report can be taken back to the lawyers for the parties who can then ______ or a ____ based on what was agreed to in mediation.

Back 27

enforceable

prepare a formal (and binding) agreement

Front 28

The cost of mediation varies depending on whether ___________________________. Family law lawyers typically have a list of privately hired mediators they can _______, province of Alberta.

Back 28

the mediator is hired privately or acquired through Family Justice Services

Front 29

Family Justice Services (a government department) also provides ______. To qualify, there must be

Back 29

mediators to qualifying families at no cost

at least one dependent child under the age of 18 years and one or both parties must have an income of less than $40,000.00 per year.

Front 30

The Parenting After Separation seminar (the PAS seminar) provides parents with techniques for ______, information about the ______n, and general ______. The objective of the seminar is to give parents tools to help them _______. The PAS seminar also promotes _______as a means of resolving current or future disputes relating to their children that parents may face.

Back 30

communication

effects of separation and divorce on childre

legal information about separation and divorce

understand and support their children’s needs during separation and divorce

mediation and other dispute resolution options

Front 31

Unlike the Divorce Act, the Family Law Act does not require that _______before commencing an action. For example, an Alberta court has jurisdiction to grant a Child Support Order under the Family Law Act as long as the child or the parent against whom an application is brought simply resides in Alberta.

Back 31

a party reside in Alberta for a specific period of time

Front 32

A real and substantial connection to Alberta will be proven on the facts of each case, but may include the consideration of such things as: 3

Back 32

The length of time the child has resided in Alberta;

Whether the child has ties to a community in Alberta; or

Whether the child has extended family members in Alberta.

Front 33

The mediation report is NOT _一______\. However, the report can be taken back to the lawyers for the parties who can then ______ or a ____ based on what was agreed to in mediation.

Back 33

enforceable

prepare a formal (and binding) agreement

Front 34

The cost of mediation varies depending on whether ___________________________. Family law lawyers typically have a list of privately hired mediators they can _______, province of Alberta.

Back 34

the mediator is hired privately or acquired through Family Justice Services

Front 35

Family Justice Services (a government department) also provides ______. To qualify, there must be

Back 35

mediators to qualifying families at no cost

at least one dependent child under the age of 18 years and one or both parties must have an income of less than $40,000.00 per year.

Front 36

The Parenting After Separation seminar (the PAS seminar) provides parents with techniques for ______, information about the ______n, and general ______. The objective of the seminar is to give parents tools to help them _______. The PAS seminar also promotes _______as a means of resolving current or future disputes relating to their children that parents may face.

Back 36

communication

effects of separation and divorce on childre

legal information about separation and divorce

understand and support their children’s needs during separation and divorce

mediation and other dispute resolution options

Front 37

Mediation is a process in which ______. The goal of mediation is to help parties make decisions ______, as opposed to _______. The mediator:

Back 37

the parties work with a neutral third party to assist them in reaching an agreement in relation to their family law issues

for themselves and their children

having a court make those decisions for them.

Front 38

Unlike the Divorce Act, the Family Law Act does not require that _______before commencing an action. For example, an Alberta court has jurisdiction to grant a Child Support Order under the Family Law Act as long as the child or the parent against whom an application is brought simply resides in Alberta.

Back 38

a party reside in Alberta for a specific period of time

Front 39

A real and substantial connection to Alberta will be proven on the facts of each case, but may include the consideration of such things as: 3

Back 39

The length of time the child has resided in Alberta;

Whether the child has ties to a community in Alberta; or

Whether the child has extended family members in Alberta.

Front 40

The mediation report is NOT _一______\. However, the report can be taken back to the lawyers for the parties who can then ______ or a ____ based on what was agreed to in mediation.

Back 40

enforceable

prepare a formal (and binding) agreement

Front 41

The cost of mediation varies depending on whether ___________________________. Family law lawyers typically have a list of privately hired mediators they can _______, province of Alberta.

Back 41

the mediator is hired privately or acquired through Family Justice Services

Front 42

Family Justice Services (a government department) also provides ______. To qualify, there must be

Back 42

mediators to qualifying families at no cost

at least one dependent child under the age of 18 years and one or both parties must have an income of less than $40,000.00 per year.

Front 43

The Parenting After Separation seminar (the PAS seminar) provides parents with techniques for ______, information about the ______n, and general ______. The objective of the seminar is to give parents tools to help them _______. The PAS seminar also promotes _______as a means of resolving current or future disputes relating to their children that parents may face.

Back 43

communication

effects of separation and divorce on childre

legal information about separation and divorce

understand and support their children’s needs during separation and divorce

mediation and other dispute resolution options

Front 44

Mediation is a process in which ______. The goal of mediation is to help parties make decisions ______, as opposed to _______. The mediator:

Back 44

the parties work with a neutral third party to assist them in reaching an agreement in relation to their family law issues

for themselves and their children

having a court make those decisions for them.

Front 45

Some of the topics covered in the PAS seminar are: 7

Back 45

Relationship building;

Effects of separation on parents;

Effects of separation on children

Communication skills;

Legal issues relating to their children

Mediation

Parenting plan

Front 46

A mediator will 4

Back 46

Facilitates discussion between the parties;

Does not represent either party;

Cannot provide legal advice; and

Does not make a decision for the parties.

Front 47

There is no cost to take the PAS seminar, and it is offered in both a _____ format (which takes approximately ___hours), and an _____format (which takes about _____ hours.) Once a parent has completed the seminar, he or she will be given a ______). In most cases, before a parent can file an application in the Court of Queen’s Bench to obtain relief relating to children (such as a Custody Order, Parenting Order, or Child Support Order), that party must file _____ showing that they have ______. In Provincial Court, attendance at the PAS seminar is ______; however, the Judge may order that a _____ before going ahead with their court application.

Back 47

face-to-face 6

on-line 3

certificate (the PAS Certificate

the PAS Certificate

completed the seminar

optional

party complete the course

Front 48

The Dispute Resolution Officer program allows ______ to meet together with a _____ (the _____). The purpose of the meeting is to attempt to _____ without the need for _____.

Back 48

parties who want to apply for or change Child Support Orders

senior family lawyer

Dispute Resolution Officer

resolve the matter in a positive way

a contested court application

Front 49

The Dispute Resolution Officer will

Back 49

Discuss the matter with the parties;

Assess the state of the parties’ financial disclosure;

Explain the requirements of the Child Support Guidelines; and

Help the parties resolve their child support dispute using mediation skills.

Front 50

The Matrimonial Property Act allows spouses (or future spouses) to enter into their own agreements for the division of property. However, it is a requirement of the Act (in order for the agreement to be enforceable) that each party acknowledge in writing, apart from the other spouse (or future spouse), that: 3

Back 50

1. The spouse or person is aware of the nature and the effect of the agreement;

2. The spouse or person is aware of the possible future claims to property the spouse or person may have under the Act and that the spouse or person intends to give up these claims to the extent necessary to give effect to the agreement; and

3. The spouse or person is executing the agreement freely and voluntarily without any compulsion on the part of the other spouse or person.

Front 51

In order to prove that these requirements of the Act have been met, _______ are signed by ______ and attached to the agreement. These certificates are commonly called the _______and the ______. An _______ (signed by the _____ to the signature of each spouse) is also routinely signed, commissioned, and attached to the agreement. This confirms that each party did indeed execute the agreement. The legal assistant should ensure that these certificates and the Affidavit of Execution are prepared and attached to the agreement. There will be one set of each of these three documents for each of the spouses and their respective lawyers to sign.

Back 51

certificates confirming compliance with these requirements

each spouse and their respective lawyer

Matrimonial Property Act Acknowledgement

Certificate of Independent Legal Advice

Affidavit of Execution

witness

Front 52

Since the Matrimonial Property Act does not apply to _____, their Cohabitation Agreement could set out _____. The Cohabitation Agreement could also address the way the parties will share their resources during the relationship by covering such things as the payment of household expenses and the management of housework.

Back 52

unmarried parties

how property would be divided in the event of a relationship breakdown

Front 53

As the Matrimonial Property Act does not apply to unmarried couples, there is no statutory requirement for any ______ to be signed along with the Cohabitation Agreement. However, it is common practice for family law lawyers to ______ signed along with the agreement to guard against either party arguing (at some later date) that: 2

Back 53

certificates

have a Certificate of Independent Legal Advice

 they did not understand what they were signing; or

 they had been pressured into signing the Agreement, which could result in the agreement beingnullified by the Court.

Front 54

These agreements are often called Separation Agreements, but other names could be used (depending, in part, on how and when the agreement was reached and the type of relief agreed upon), such as:

Back 54

Custody and access

Parenting plan

Divorce and Property contract

Minutes of settlement

Front 55

These agreements are often called Separation Agreements, but other names could be used (depending, in part, on how and when the agreement was reached and the type of relief agreed upon), such as:

Back 55

Custody and access

Parenting plan

Divorce and Property contract

Minutes of settlement

Front 56

When people refer to a “legal separation,” most likely they are referring to a Separation Agreement. A Separation Agreement is not _________; however, it may be a good idea to have one as it provides an understanding of _______.

Back 56

required in order for the parties to be considered separated.

the rights and obligations of the parties during the separation process

Front 57

These agreements are often called Separation Agreements, but other names could be used (depending, in part, on how and when the agreement was reached and the type of relief agreed upon), such as:

Back 57

Custody and access

Parenting plan

Divorce and Property contract

Minutes of settlement

Front 58

When people refer to a “legal separation,” most likely they are referring to a Separation Agreement. A Separation Agreement is not _________; however, it may be a good idea to have one as it provides an understanding of _______.

Back 58

required in order for the parties to be considered separated.

the rights and obligations of the parties during the separation process

Front 59

Typically, the lawyers will have been instrumental in negotiating the terms of the Separation Agreement. One of the lawyers will ______ and will _______t. ________, before the agreement becomes final.

The parties then go to the ______. If the couple is legally married, then any Separation Agreement that deals with matrimonial property will be subject to the ______and will require the _______ and _______(discussed earlier in relation to the Pre-nuptial Agreement), in addition to the standard _______.

Back 59

draft the Agreement

forward a copy of the draft to opposing counsel for review with his or her client

Revisions may be negotiated by either party, through counsel

offices of their respective lawyers to sign the Agreement

requirements of the Matrimonial Property Act

Matrimonial Property Act Acknowledgement

Certificate of Independent Legal Advice

Affidavit of Execution