Family Lawyers in Calgary

 

Stonetree Law provides practical family law advice and representation to clients in Calgary and throughout Alberta.

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Our family lawyers assist with separation and divorce, parenting arrangements, child support, spousal and partner support, family property division, separation agreements, cohabitation and prenuptial agreements, relocation disputes, guardianship, and family law litigation.

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Family law disputes affect your children, finances, home, and future. Our approach is to identify the issues that matter, explain your legal options clearly, and work toward an efficient and practical resolution.

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Separation and Divorce

Separation often involves more than simply ending a relationship.

Depending on your circumstances, decisions may need to be made about:

• parenting arrangements;

• decision-making responsibility;

• child support;

• spousal or partner support;

• the family home;

• division of property and debt;

• business interests;

• pensions and investments; and

• the terms of a separation agreement.

 

A divorce legally ends a marriage. Separation, however, usually begins well before a divorce is granted, and many important family law issues can be addressed before the divorce itself is completed.

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Stonetree Law advises clients through both negotiated separations and contested divorce proceedings.

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Parenting Arrangements

When parents separate, decisions must be made about how their children will be cared for and how important decisions will be made.

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Family law now generally refers to parenting time and decision-making responsibility, rather than the older terms "custody" and "access."

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Parenting arrangements can address:

• where children will live;

• regular parenting schedules;

• weekends and holidays;

• school breaks and vacations;

• transportation and exchanges;

• communication with the children;

• education;

• medical decisions;

• extracurricular activities;

• religious and cultural upbringing;

• passports and travel; and

• other important decisions affecting the children.

 

When parents cannot agree, the court determines parenting issues based on the best interests of the child.

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Stonetree Law assists parents with parenting plans, negotiations, consent orders, contested applications, and family law litigation.

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Child Support

Both parents have financial obligations to their children.

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Child support is generally determined under applicable federal or Alberta child support guidelines. The amount can depend on the parents' incomes, the number of children, the parenting arrangement, and the circumstances of the children.

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Child support issues can become more complex where there is:

• shared parenting time;

• split parenting arrangements;

• self-employment or corporate income;

• income above the guideline tables;

• fluctuating or commission-based income;

• disagreement about a parent's actual income;

• special or extraordinary expenses;

• post-secondary education expenses; or

• an adult child who remains entitled to support.

 

Shared parenting does not automatically eliminate child support or result in a simple mathematical set-off.

We advise both recipients and payors on child support, income determination, special expenses, arrears, and applications to establish or change support.

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Spousal and Partner Support

Spousal support is not automatically payable whenever a relationship ends.

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The first question is generally whether one spouse or partner has an entitlement to support. If entitlement exists, the amount and duration of support must then be considered.

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Relevant circumstances can include:

• the length of the relationship;

• the roles assumed during the relationship;

• differences in income;

• economic advantages or disadvantages arising from the relationship;

• childcare responsibilities;

• financial need;

• ability to pay; and

• existing agreements between the parties.

 

The Spousal Support Advisory Guidelines may also assist in assessing potential ranges of support, although they are guidelines rather than legislation.

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Stonetree Law advises both support recipients and payors on entitlement, amount, duration, negotiation, variation, and enforcement of spousal or partner support.

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Family Property Division

The end of a relationship can require significant financial issues to be resolved.

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Alberta's Family Property Act governs the division of family property for married spouses and qualifying adult interdependent partners.

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Property issues may involve:

• the family home;

• investment properties;

• bank and investment accounts;

• pensions;

• RRSPs and other retirement assets;

• businesses and professional practices;

• corporate interests;

• vehicles and personal property;

• debts and liabilities;

• property owned before the relationship;

• inheritances and gifts; and

• increases in the value of exempt property.

 

Property division is not always a matter of simply dividing every asset in half. The source, timing, ownership, value, and treatment of particular property can matter.

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We assist clients with financial disclosure, valuation issues, negotiated property settlements, separation agreements, and contested family property claims.

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Common-Law Relationships and Adult Interdependent Partners

"Common law" is a term frequently used in everyday conversation, but Alberta legislation uses the concept of an adult interdependent relationship.

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Depending on the circumstances, two people may become adult interdependent partners where they:

• have lived together in a relationship of interdependence for at least three years;

• have lived together in a relationship of some permanence and have a child together; or

• have entered into an adult interdependent partner agreement.

 

Adult interdependent partners can have rights and obligations relating to property division, partner support, and children.

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Whether a particular relationship qualifies, and what legal consequences follow from it, depends on the circumstances.

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Stonetree Law advises clients on the breakdown of unmarried relationships, including property, support, parenting, and separation agreements.

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Separation Agreements

A separation agreement can resolve some or all of the legal issues arising when a relationship ends without requiring the court to decide them.

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A comprehensive separation agreement may address:

• parenting arrangements;

• decision-making responsibility;

• child support;

• special expenses;

• spousal or partner support;

• property division;

• the family home;

• debts;

• pensions;

• businesses;

• insurance;

• taxes; and

• future dispute-resolution procedures.

 

A properly prepared agreement can provide certainty and reduce the likelihood of future disputes.

Stonetree Law negotiates, drafts, and reviews separation agreements for married spouses and adult interdependent partners.

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Prenuptial and Cohabitation Agreements

Couples do not have to wait for a separation to determine how financial issues will be handled.

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A prenuptial, marriage, or cohabitation agreement can establish rights and obligations before or during a relationship.

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These agreements may address:

• ownership of existing property;

• treatment of future property;

• businesses and corporate interests;

• the family home;

• debts;

• inheritances;

• property division on separation; and

• spousal or partner support.

 

Clear agreements can be particularly important where one or both parties enter the relationship with significant assets, a business, children from a previous relationship, or substantial differences in income or net worth.

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We draft and review prenuptial, marriage, and cohabitation agreements for Alberta clients.

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Relocation and Mobility

A parent who wants to move with a child may face significant legal requirements, particularly where the move would affect the child's relationship with the other parent.

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Relocation disputes can involve:

• a move within Alberta;

• relocation to another province;

• relocation outside Canada;

• changes to parenting schedules;

• travel costs;

• schooling;

• extended holiday parenting time; and

• the impact of the proposed move on the child.

 

Under the federal Divorce Act, a qualifying relocation generally requires advance notice, and the other parent may have a limited period to object.

Relocation cases can become urgent. Parents considering a move, or opposing a proposed move, should obtain legal advice early.

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Stonetree Law represents parents seeking and opposing relocation.

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Urgent Parenting and Family Law Applications

Some family law disputes cannot reasonably wait for the ordinary court process.

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Urgent issues may include:

• an immediate risk to a child;

• family violence or safety concerns;

• threatened removal of a child from Alberta or Canada;

• a sudden denial of parenting time or contact;

• unilateral changes to a child's living arrangements; or

• other circumstances requiring immediate court intervention.

 

Whether a matter qualifies for urgent treatment depends on the circumstances and the relief requested.

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We assess urgent family law matters and, where appropriate, seek interim or emergency relief from the court.

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Family Violence and Safety Concerns

Family violence can significantly affect parenting and other family law decisions.

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The Divorce Act expressly requires courts to consider family violence when determining the best interests of a child, including patterns of coercive and controlling behaviour and their impact on the safety and well-being of family members.

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Safety concerns may also affect:

• parenting arrangements;

• communication between parents;

• exchanges of children;

• decision-making responsibility;

• relocation;

• access to the family home; and

• whether urgent court intervention is required.

 

Where family violence or immediate safety concerns exist, legal advice should be obtained as early as possible.

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Guardianship

Not every person caring for a child is automatically the child's legal guardian.

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Depending on the circumstances, a parent or another adult who has cared for a child may need to apply for guardianship or address an existing guardianship arrangement.

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Guardianship can affect responsibility for major decisions concerning a child's:

• health;

• education;

• residence;

• activities;

• cultural and religious upbringing; and

• general care and well-being.

 

Stonetree Law advises clients on guardianship and related parenting matters.

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Adoption and Assisted Reproduction

Family relationships can also be created through adoption and assisted reproduction.

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These matters can involve important legal questions concerning parentage, consent, agreements, and the legal recognition of parental relationships.

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Stonetree Law provides advice on private adoption and assisted reproduction matters where appropriate.

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Resolving Family Disputes

Going to court is sometimes necessary, but it should not be the automatic first response to every family law disagreement.

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Depending on the circumstances, a family dispute may be resolved through:

• direct negotiation;

• negotiation between lawyers;

• mediation;

• a separation agreement;

• a consent order;

• other forms of alternative dispute resolution; or

• litigation.

 

We consider the legal issues, financial consequences, impact on children, cost of litigation, available evidence, and the client's objectives when determining the appropriate strategy.

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Where court proceedings are required, Stonetree Law represents clients in family matters before the Alberta Court of Justice and the Court of King's Bench of Alberta, as applicable.

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Calgary Family Lawyers for Separation, Divorce and Parenting Disputes

Stonetree Law represents individuals and families in Calgary and throughout Alberta.

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Whether your matter involves divorce, separation, parenting, child support, spousal support, family property, an adult interdependent relationship, relocation, or a family law agreement, we provide clear advice about your legal position and available options.

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Speak With a Calgary Family Lawyer

Family disputes often involve decisions that will have long-term consequences for your children, finances, property, and future.

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If you are separating, considering divorce, dealing with a parenting or support dispute, or need advice about a family law agreement, contact Stonetree Law.

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We provide family law advice and representation in Calgary and throughout Alberta.

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Book a Family Law Consultation