Chapter 8 - Changing Family and Family Law: Marriage, Divorce, Support and Custody

Question 1

What is Family Law?

Answer 1

Deals with legal issues that come up when family relationships begin and end. Marriage, separation, divorce, parenting, support, dividing property, adoption and family violence - all fall within this area of law

Question 2

What are the causes of divorce?

Answer 2

• Infidelity, either emotional, physical, or financial, remains a leading factor in divorce
• Inability to resolve conflict and argue productively
• Partners who have a lack of respect for one another, or verbal abuse
• A lack of physical intimacy
• Domestic violence
• Substance abuse
• Either partner feels the other is not “carrying their weight”
• Significant financial problems, debt, and a lack of agreement on how money should be handled, saved and spent

Question 3

What four types of relationships in family law?

Answer 3

Married spouses
Unmarried spouses
Parents
Child caregivers

Question 4

what is the divorce act? what does it talk about?

Answer 4

The federal divorce act applies throughout Canada. This law only applies to people who are married to each other or who used to be married to each other. It talks about:
- Divorce
- Parenting after separation, including how children’s time is shared between married spouses
- Child support
- Spousal support
- relocation

Question 5

what does the Alberta family law act accomplish ?

Answer 5

Alberta’s family law act contains the core principles of provincial family law. It applies to non-divorce situations

Question 6

Explain Parentage

Answer 6

The parentage provision of the Family law act determines the legal status of parent-child relationships for all purposes of the law in Alberta. The basic rule is that the parents of a child are the birth mother and the biological father, unless there has been an adoption or the child is conceived through assisted reproduction

Question 7

explain guardianship

Answer 7

In Alberta, the ability to make decisions with regard to a child is tied to guardianships and not percentage status. A person who is a guardian of a child under the Family Law act is a guardian of that child for all purposes of law
In most cases, the parent of a child will also be the Child’s guardians
The family law act specifies the powers, responsibilities and entitlements of guardianship

Question 8

what are parenting orders?

Answer 8

the content of a parenting order will vary greatly from case to case. For instance it may:
- Breakdown parenting time and/or list specific parenting reasonability
- Include a process for resolving future disputes over parenting arrangements - judges can craft the right solution for each family’s specific circumstances through a parenting order

Question 9

What is a contact order? How can you get a contact order is a guardian has denied you?

Answer 9

Contact orders involve contact between the child and persons other than the child who might nevertheless be important to them such as grandparents
If a guardian has denied you contact with a child, you may make an application under the Family Law Act for contact with the child in-person or through other means such as telephone call or email

Question 10

what does the family act require in all decisions involving a child?

Answer 10

best interest of the child

Question 11

what factors must a judge ensure to protect the child’s best interests?

Answer 11

The history of care of the child
The child’s views and preferences
The benefit to the child by developing relationships with both parents or guardians
The nature and strength of existing relationships
Any history of family violence
Any relevant civil or criminal proceedings