Can I take my children out of Canada without obtaining my ex-spouse's consent?

As a Divorce Lawyer practising in Calgary, a question that I am frequently asked is: Am I allowed to take my children out of Canada without first obtaining my ex's consent? There is a very straightforward answer to that question: No, unless you first obtain a Court Order permitting you to do so, or if you have sole custody of your children, and there is not a Court Order that contains a term preventing you from removing them from the jurisdiction. For the purposes of this discussion I will assume that the parents have joint custody and there is no Court Order that already permits that which the parent wishes to do. Typically, the question comes up when a parent wishes to take the children on

How can I serve my spouse if they are evading service?

An issue that some clients experience is how to serve their spouse if their spouse is attempting to evade service. Thankfully, from my experience as a divorce lawyer in Calgary, I can say that such a situation is quite rare. Unless a party obtains permission from the Court to serve their spouse using another method, the documents required to start divorce actions in Calgary must be served upon the Defendant spouse personally. This can cause issues if the spouse is attempting to evade service. While the Court in Calgary wishes to ensure that the Defendant spouse is aware of the proceedings (which is best proven by the spouse being served personally and the person that serves the spouse swear

Does child support stop when a child reaches 18?

From my experience, one of the questions that is frequently asked of divorce lawyers in Calgary is: Do child support payments stop when a child reaches the age of 18? The simple answer to that question is: Not necessarily. This is because the Divorce Act, and the Family Law Act, provide for payment of child support to continue after a child reaches the age of 18. The usual reason why child support continues after a child reaches the age of 18 is that the child remains in full time education. However, the child's disability, illness or any other cause, as to why the child is unable to withdraw from their parents' charge or obtain the necessaries of life may be used. In my experience, if th

How do I serve my spouse in a Calgary divorce?

From my time working as a divorce lawyer in Calgary, one of the things that I have noticed is that most clients have no idea how they are to serve their spouse with the divorce paperwork in Calgary. Many of them believe that they can do it themselves, unfortunately, this is not the case. Rule 12.55(2) of the Alberta Rules of Court provides that, when starting a divorce action, the only person that is prohibited from serving the Defendant is the Plaintiff. In other words, one spouse is not allowed to serve the other spouse. In most cases, service must be effected using personal service. This means that someone must attend before the Defendant and hand the documents to the Defendant. They

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