Family matters touch the very heart of our lives, often bringing joy but sometimes presenting challenges that feel overwhelming. In Alberta, the Family Law Act provides a comprehensive legal framework for addressing these challenges, governing the rights and responsibilities of parents, guardians, and spouses while resolving disputes related to children, support, and property.

At our law firm, we recognize the emotional weight of these experiences. We are here to provide compassionate, knowledgeable support using the Alberta Family Law Act as a foundation for guiding you through your family law matters.

    

What is the Family Law Act in Alberta?

The Family Law Act in Alberta is a comprehensive legal framework that governs family relationships and resolves family-related disputes. It addresses a wide range of situations involving parents, guardians, children, and partners.

On October 1, 2005, the Alberta Family Law Act came into effect. It replaced several older pieces of legislation, such as the Domestic Relations Act, the Parentage and Maintenance Act, and parts of the Provincial Court Act, to create a more streamlined and comprehensive legal framework for addressing family law issues in Alberta.

This modernization aimed to better reflect contemporary family structures, including common law or adult interdependent relationships, and ensure that the best interests of children are prioritized in family disputes.

Does the Family Law Act Cover Divorce?

No, the Alberta Family Law Act does not specifically cover divorce. Divorce in Canada, including Alberta, is governed by the federal Divorce Act. The Divorce Act applies to married couples who are seeking to legally end their marriage and addresses issues such as divorce proceedings, custody and parenting arrangements, and child and spousal support orders after divorce. Learn more about navigating divorce in Alberta here.

The Family Law Act applies specifically to non-divorce family law situations in Alberta but complements the Divorce Act by addressing related family law matters for individuals who are not married or for those who are not ready to proceed with a formal divorce. It also governs parenting and support arrangements for unmarried parents or situations not arising directly from divorce.

If dealing with divorce-related matters, you would typically rely on the Divorce Act. However, the Family Law Act might still apply for certain issues, namely the care of children, especially in non-marital relationships or shared parenting situations. Given the complexity, it’s important to obtain legal assistance from a family lawyer when confronted with these issues.

What is Covered Under the Alberta Family Law Act?

The Family Law Act provides a comprehensive framework to address various aspects of family relationships and disputes. Its primary areas of focus include the following.

Parenting and Guardianship

The Alberta Family Law Act provides a clear framework for parenting and guardianship, which includes child custody, ensuring that the best interests of the child are always the primary consideration.

The Act emphasizes the importance of creating parenting arrangements that support the child’s psychological, physical, and emotional well-being. This includes clearly defined parenting time, which outlines when each child’s guardians or parent will spend time with them, ensuring that child-parent relationships are strong and meaningful. For individuals who are not guardians, such as grandparents or other family members, the Act also allows for contact orders, which provide time with the child when it serves their best interests.

In cases of dispute, the Act enables the court to issue a parenting order detailing how decision-making responsibilities and parenting time will be shared. A parenting order aims to reduce conflict, provide structure, and protect the child’s stability, allowing them to thrive in a supportive and caring environment.

Child and Spousal Support

Financial support is a critical aspect of the Alberta Family Law Act, ensuring that children and, in some cases, former spouses or partners, have the financial resources necessary to maintain their well-being after a family separation.

For children, the Act adheres to the Federal Child Support Guidelines, which provide a standardized approach to calculating support based on the income of the paying parent, the number of children, and the parenting arrangement. These guidelines aim to ensure fairness, consistency, and adequacy in meeting the child’s needs. This includes covering the child’s household essentials such as food, shelter, education, and medical expenses. If one parent fails to provide support, the court can issue a child support order under the Family Law Act.

In certain cases, the Act also addresses spousal support, particularly when one party has sacrificed career opportunities, taken on caregiving responsibilities, or is otherwise financially disadvantaged as a result of the relationship. Factors such as the length of the relationship, financial dependence, and contributions to the household or family are considered when determining entitlement and the amount of spousal support.

Dispute Resolution

To minimize conflict and to promote settling cases outside of court, the Act encourages families to explore alternatives to court proceedings, such as mediation and collaborative family law. In mediation, a neutral third-party mediator facilitates discussions between the parties, helping them reach agreements on contentious issues such as parenting arrangements, financial support, and property division.

Collaborative family law takes this one step further by involving both parties and their lawyers in a structured process where everyone agrees to resolve disputes without going to court. These approaches aim to resolve disputes amicably while keeping the needs of children and families at the forefront.

Protection Orders

For individuals facing family violence or abuse, the Act includes provisions for protection orders. Protection orders can be issued in various forms, depending on the urgency and severity of the situation. Emergency Protection Orders (EPOs) offer swift, short-term safety in urgent cases of family violence, while longer-term orders, such as restraining orders and King’s Bench Protection Orders, provide sustained protection following a court hearing.

These orders can include prohibiting contact, requiring the abuser to stay away from specific locations, or granting exclusive possession of the family home to the victim. They are tailored to meet the immediate and long-term needs of those affected, ensuring their physical and emotional safety.

2020 Changes to the Alberta Family Law Act

In 2020, Alberta implemented significant changes to its family law legislation to better reflect contemporary relationships and provide equitable treatment for both married and unmarried couples. The key changes included the following.

Introduction of the Family Property Act

Effective January 1, 2020, the Matrimonial Property Act was renamed and became the Family Property Act. This change extended property division laws, previously applicable only to married couples, to include Adult Interdependent Partners, commonly known as common-law partners. As a result, unmarried couples who meet the criteria for Adult Interdependent Partners are now subject to the same property division rules as married couples upon separation.

Expanded Definition of ‘Child’ for Support Purposes

The amendments also revised the definition of a “child” concerning child support. Previously, child support obligations typically ended when a child reached 18 or 22 if enrolled in full-time education. The updated legislation removed the age limit for adult child support. It clarified that adult children who are unable to withdraw from their parents’ care due to illness, disability, being a full-time student, or other causes are eligible for child support applications.

Repeal of the Married Women’s Act

The Canadian Charter of Rights and Freedoms already guarantees equality rights, and the Family Law Act recognizes that married women have a legal personality independent from their spouse, rendering the Married Women’s Act unnecessary. Therefore, it was repealed.

These legislative updates aimed to create a more inclusive and equitable legal framework for all family structures in Alberta, ensuring that both married and unmarried partners have clear rights and responsibilities under the law.

What Is a Common Law Relationship Under the Family Law Act?

In Alberta, a common-law relationship is legally referred to as an adult interdependent relationship under the Family Law Act and the Adult Interdependent Relationships Act. This term encompasses both traditional common-law partnerships and other non-marital relationships where individuals share a significant level of interdependence.

An adult interdependent relationship exists when two people have lived together in a relationship of interdependence for at least 3 years, or have lived together in a relationship of interdependence for less than 3 years but they have a child together, or they have signed an adult interdependent relationship agreement (a legal contract acknowledging their relationship). Learn more about what is common law here.

People in an adult interdependent relationship have many of the same rights and responsibilities as married couples under the Family Law Act. This includes the same property division as married couples, spousal support obligations or entitlements if the relationship ends, or in the event of a partner’s death, the surviving partner may make claims against the deceased’s estate under Alberta’s inheritance laws. For couples with children, parenting time, decision-making, and child support are determined based on the best interests of the child.

If you have questions about how the Alberta Family Law Act applies to your unique situation, we’re here to help. Contact DLegal! Navigating family law can feel overwhelming, but you don’t have to face it alone. Our compassionate and experienced legal team is ready to provide the guidance and support you need. Reach out to us today.

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