Every family law matter is unique, and issues like divorce, child support, and decision-making responsibilities can be emotionally overwhelming. At Jennings Family Law, our Calgary family lawyers provide the knowledge and guidance you need to navigate separation, custody disputes, and financial support matters.
We focus exclusively on family law and are committed to helping you achieve a fair resolution—whether through negotiation, mediation, or litigation. Our team ensures you understand your legal options and works to protect your rights while managing discussions with the other party’s lawyer.
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Our family lawyers in Calgary assist with:
We collaborate with trusted family law experts, mediators, family financial specialists, and parenting consultants, possessing the ability to build strong cases tailored to your family needs.
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Alberta’s Family Law Act is the most important piece of legislation regarding non-divorce-related family law matters in the province.It helps to determine the following:
Alberta’s Family Law Act does not cover divorce. Instead, we use the federal Divorce Act as the key piece of legislation to help reach divorce agreements between spouses who have separated and are seeking to make it permanent.
In some areas, the Divorce Act works alongside the Family Law Act, such as with child support, spousal support, and parenting arrangements.
The divorce process in Calgary is quite simple on the face of it. The problem is that emotions and conflicting interests often get in the way and complicate matters.No divorce is official until the divorce decree is finalized by a judge in the family courts of Alberta.
You may not need to appear before a judge if you can reach a separation agreement beforehand with your partner.
However, if there are issues that cannot be resolved by collaboration between the lawyers that you appoint, or by a process of mediation or arbitration, you may end up at trial.
At divorce trials, a judge will decide on the key elements of separation, such as child custody, child/spousal support, and property division.
Before you can file for divorce in Canada, you must have been separated from your spouse for at least 12 months unless there are other factors involved, such as domestic violence.
Once the application is filed, most divorces in Alberta are settled within three to six months, unless there is a trial.
Trial cases can last for many months or even years and become very expensive. They are also conducted in public. Most couples prefer to avoid this and reach an agreement by alternative dispute resolution methods, such as mediation or arbitration.
In Alberta, guardianship refers to the legal rights and responsibilities of an individual to care for and make decisions about a child’s upbringing. This includes providing for their physical, emotional, and psychological well-being, as well as ensuring access to medical care, education, and daily necessities.
Under Alberta law, birth parents are typically the child’s default guardians. However, guardianship can be assigned to others when necessary. Guardians hold decision-making responsibilities, which determine key aspects of the child’s life, such as residence, schooling, and healthcare.
While guardians have authority over major decisions, their powers are not absolute. If disputes arise or concerns about neglect or abandonment emerge, courts or Child and Youth Services may intervene to protect the child’s best interests. If guardians cannot agree on responsibilities, a Parenting Order may be issued to establish decision-making terms.
Within Alberta’s Family Law Act, the legal status of parent-child relationships is defined. The parents of a child are generally taken to be the birth mother and the biological father, unless the child has been adopted or conceived through assisted reproduction.
Parenting orders may be necessary after a couple with children separate and start living apart.If both guardians agree on their respective rights and responsibilities regarding the children then no parenting order is legally necessary.
However, disputes often arise about parenting time, visitation rights, respective responsibilities, cost-sharing, and other matters.
In this situation, one guardian may want to request the court for a parenting order to be granted under the Family Law Act.
This will be a legally enforceable court order that can compel each parent to comply with the terms. It usually also includes a provision for dealing with any future parenting disputes.
A key feature of the Family Law Act is that all decisions must be made in the best interests of the child or children. Obviously, “best interests” is a subjective term that can be interpreted in different ways according to different perspectives. Sometimes parents do not agree, and a judge must intervene and make the decisions for them,
The judge will be expected to follow guidelines for determining “best interests” and to ensure that the child’s physical, psychological and emotional safety comes first.
Certain factors (such as the following) will generally be considered by the judge before he or she decides:
A key component of any divorce agreement involving children is a mutually acceptable agreement on child support. It is a legal obligation for parents to provide for the upbringing of their children. If this cannot be worked out through collaboration or mediation, a judge will apply the relevant family law guidelines for calculating child support in Alberta.
Once a court order details the child support amount and duration, the payor parent is legally obliged to make these payments to the recipient parent. This can be enforced by the courts.
Changes to child support orders can be made only through the courts and only if there is a substantial change in circumstances for either parent or the child.
We help our clients address their legal issues while considering the other factors important to them – keeping conflict away from children, keeping resources within the family, and keeping everyone out of court. With our guidance, clients make informed decisions.
Jennings Family Law offers clients legal mediation and arbitration resources that they can use themselves or in concert with their lawyer while reaching a settlement.
Contact Jennings Family Law today to receive a private consultation and case evaluation.
