How can I obtain a Restraining Order?

Calgary divorce lawyers are usually very familiar with the process required to obtain a Restraining Order from the Court in Calgary. The first thing to bear in mind is that a Restraining Order, essentially, places a bubble around the Applicant and the Respondent is then prevented from coming within a certain distance of the Applicant. The usual distance is 500 metres but this can be less if such a distance would prevent the Respondent from being able to perform certain things. For example, if both parties' work location was in the same downtown block, a distance of less than 500 metres may be ordered for the time the parties are at work. In addition, the Respondent is usually ordered not

Can children choose who they live with?

One of the questions I am frequently asked by clients is: In the Courts in Calgary, can children choose who they live with? When people ask this question, they are usually doing so when one of the parents has made an Application to obtain a custody and access Order, or a guardianship and parenting Order. It is rare for a Judge to speak to a child directly to obtain an answer, although I do have experience of a Provincial Court Judge that was willing to do so. It is not unusual for the parents of a child to each claim that the child has expressed a wish to live with a particular parent and, usually, such claim is made in an Affidavit or a Statement in support of an Application. It is my exp

How can I fund my divorce in Calgary if I have no money?

A question that many people that are involved with divorces in Calgary ask their divorce lawyers is: How can I fund my divorce in Calgary if I have no money? From my experience as a divorce lawyer in Calgary, the answer to that question surprises many people. The first option is to consider Legal Aid. If a party qualifies for Legal Aid, Legal Aid will appoint a lawyer to represent that party. Legal Aid mandates the hourly rate that such a lawyer may charge, which is considerably lower than most divorce lawyers in Calgary would charge to their privately paying clients. Another option is to pay a Calgary divorce lawyer privately, but to ask them to defer payment of their accounts until aft

Can I obtain exclusive possession of the matrimonial home in Calgary?

As a divorce lawyer in Calgary, I am frequently asked by clients whether it is possible to obtain exclusive possession of the matrimonial home during a divorce proceeding? The simple answer to that question is: Yes, it is possible. Such an Application is brought under the provisions of the Matrimonial Property Act. Under the Act, the Court in Calgary can make an Order that: Gives a spouse exclusive possession of the matrimonial home; Evicts a spouse from the matrimonial home; and Restrains a spouse from entering or attending at, or near, the matrimonial home. When deciding whether to make such an Order, the Court will consider: Any Order that has been made by the Court that relates to the su

How do I move to another Province with my child?

As a divorce lawyer in Calgary, I am frequently asked by clients how easy it is to move to another Province with their child if they have separated from the child's other parent. If the other parent consents, it is relatively easy, although both parents need to accept that there can be issues after the relocation. For example, the parent that has moved may need the other parent to sign documents to enable the child to: obtain a passport; receive medical attention; and enrol in school. If the other parent does not consent, the parent that wishes to move should not underestimate how much of an uphill task they face in persuading the Court to allow them to relocate with the child against the w

How long do I have to bring a division of matrimonial property claim in Calgary?

As a divorce lawyer in Calgary I am frequently asked by clients: How much time do I have to commence a division of matrimonial property claim? The answer to that question is relatively straightforward and is contained in section 6 of the Matrimonial Property Act. As can be seen, while section 6 would appear to require that an action be commenced within 2 years of the separation of the parties, or in one particular case, within a year of a specific event occurring, case law in Alberta has determined that a claim for the division of matrimonial property that has not been commenced within 2 years of the date of the parties' separation, can be commenced at the same time as an action for divorce,

Am I able to file a division of matrimonial property claim in Calgary?

As a divorce lawyer in Calgary, I am frequently asked by clients: Am I able to file a division of matrimonial property claim in Calgary? Thankfully, the answer to that question is relatively straightforward and is contained in section 3 of the Matrimonial Property Act. A Court in Calgary will have the jurisdiction over such a claim if: The habitual residence of both spouses is in Alberta, whether or not the spouses are living together; or The last joint habitual residence of the spouses was in Alberta; or The spouses have not established a joint habitual residence since the time of marriage but the habitual residence of each of them at the time of marriage was in Alberta. If none of the abov

Where am I able to file for Divorce?

As a divorce lawyer in Calgary, I am often asked where the parties have to file their divorce proceedings. The Divorce Act requires a party to have been ordinarily resident in a Province for at least one year immediately preceding the commencement of the proceeding, in order for that Province to have jurisdiction over the proceeding. This means that, if both parties live in different Provinces, and each has done so for at least one year, each party may issue proceedings in the Province in which they live, or each may elect to issue proceedings in the Province in which the other lives. As the Divorce Act is federal legislation, in theory, each Province will deal with the issues of whether t

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