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August 2019 Archives

Children's issues: What's in a name?

If parents believe they can give their child any name they want, they may be sadly mistaken. Most parents give their children more traditional names, but there are some who may want to give their kids more unique monikers. As far as names go regarding children's issues, the law in British Columbia gives parents a guideline under the Vital Statistics Act when deciding on what to name their kids.

Children's issues: School boards want seclusion rooms ban lifted

School boards believe there is a place for seclusion rooms in schools and are calling on the provincial government to reconsider its ban on them. When it comes to children's issues in Alberta, decisions are always made keeping the best interests of a child in mind. School boards in Edmonton and Calgary issued joint statements asking that these rooms -- which are set aside for students who exhibit unsafe behaviours that could cause harm to themselves, other students and staff -- be allowed. The ban, which was put in place by the previous government,  is expected to go into effect at the beginning of this school year.  

Family law: Divorcing couples seeking ways other than court

The road to divorce is rarely an easy one. The rules that govern divorce in British Columbia fall under family law. Most couples want as seamless and as stress-free a divorce as possible, and that is why many couples are choosing alternative methods to come to divorce settlements. Very rarely do couples choose litigation to iron out their differences regarding things like support and division of assets.

Family law: When a payee doesn't want to work

Spousal support seems to be one of the most contentious issues when it comes to divorce settlements. These issues come under the family law umbrella in Alberta. So, when a spouse is paying support to his or her former partner who he or she believes simply doesn't want to work, the Divorce Act looks at four areas when it comes to support payments: relief of economic hardship arising from marriage breakdown; how much each spouse contributes financially to caring for children over and above child support; disadvantages or advantages coming out of the marriage or the breakdown of the marriage and how each individual has gone about trying to be financially self-sufficient within a reasonable time frame.

Family law agreements are helpful in many situations

More Alberta couples are recognizing that their relationships have more complexities than just emotions. You may be in love with your partner, but you also purchase property together, share a bank account and accumulate debt. These are serious matters that have little to do with your feelings. While taking these actions may seem to solidify your union, they also make things complicated if the relationship ends.

Children's issues: Child gets non-gender-specific health card

Babies born today may be registered at birth with a nonspecific gender. A child born in British Columbia was issued a health card without identifying a specific gender. When it comes to children's issues -- this is the first time this had been done ever anywhere in the world. Experts said it may be paving the way for birth certificates to be issued in the same way.

Family law: More grandparents are raising their grandchildren

There are times when grandparents have to step in to raise their grandchildren. Family law rules in Alberta can make this a possibility and an Edmonton step-grandfather knows this first hand since he is doing just that even though he's in his 60s. The man is raising two toddlers, and he is not in a class by himself since there are some grandparents today doing exactly the same thing.

British Columbia family law: The notice of attachment form

There are many things that go hand in hand with being divorced or separated. There are so many terms and documents that are connected with British Columbia family law in this respect. Take, for instance, a notice of attachment form, which is issued when a payor of child and/or spousal support is in arrears with payments. This form needs to be filled out by those who owe a payor money so that a portion or all money owed to the payor can be paid to the Family Maintenance Enforcement Program (FMEP). This is also known as a garnishment.

Alberta family law: The costs of a contentious divorce

Ironically, the more a couple agrees on the particulars of divorce, the smoother and less costly the process is likely to be. So, it's important to be on the same page about major issues to avoid ending up in front of a family court judge. Family law rules govern divorce in Alberta and the process can be costly, although how much it will actually cost varies from couple to couple.

Plan carefully if you want to relocate with your children

One lesson you may have learned by this point in your life is that things change. Fortunes come and go. Children grow up. Relationships end. You may have firsthand knowledge of how change can affect your life and the lives of those around you. Not all change is bad, and when the opportunity for a new experience comes along, you may be the kind of person to seize the moment.

Understand your legal options. Make informed decisions. Contact the family law lawyers of Henderson Heinrichs LLP

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