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November 2019 Archives

Family law: Helping kids the first Christmas after divorce

Major holidays like Christmas are usually a time for revelry, happiness and merrymaking. But for some British Columbia residents who have experienced a loss, the first holiday after that loss can be miserable whether it is losing someone through death, separation or divorce. When it is through divorce, couples who are parents may be able to find some solace when dealing with what they're going through by way of family law tools that may help to make decisions easier -- things like co-parenting plans.

Children's issues: Kids entitled to same human rights as adults

Adults aren't the only ones with rights. When Alberta residents are dealing with children's issues, they should keep in mind that children also have rights -- human rights as set out in the Universal Declaration of Human Rights. Children have the right to be protected from abuse, discrimination and other things that could put them in vulnerable positions. Canada acknowledges the value of human rights for children and in 1991 ratified the United Nations Convention on the Rights of the Child.

British Columbia family law: When a child's paternity is an issue

When the paternity of a child is an issue, there are things that need to be done when it comes to child support. However, family law in British Columbia stipulates that even when a man turns out not to be the biological father of a child, he still may be financially responsible for that child. There are a number of things in British Columbia laws that suggest a man is a father of a child.

Family law: When a woman wants to keep her married name

When a couple divorces, there may be something a former wife wants to keep that makes her former husband scratch his head: his surname. There is no set rule in family law in Alberta that says she can't do that, but if it's a bone of contention, the man can always make it a part of the divorce agreement. If a man is adamant he doesn't want his former wife to keep his surname and yet she wants to, he may have to make some concessions to get her agreement.

Don't forget about dividing your debts in divorce

As you and your spouse near the end of your marriage, you may have concerns about your financial future. One important step in ensuring you do not face your post-divorce life with financial struggles is to fight for a fair and equitable division of your marital assets. For you, this may include obtaining a reasonable appraisal of some valuables and even searching for hidden or forgotten assets.

Family law: Protecting an inheritance during a divorce

Divorce can stir up some nasty emotions. Luckily, in Alberta, there are family law rules in place that provide guidelines for some possible contentious issues like division of property and other assets. These laws can sometimes overlap into other other areas. For instance, how would one go about safeguarding a downpayment on a house that has been given as a gift when going through a divorce?

Children's issues: UN convention protects children's rights

Canada ratified the United Nations' Convention on the Rights of the Child in 1991. The convention speaks to many children's issues also faced by children in British Columbia, and stipulates that children have the right to be protected, the right to development and the right to give their feedback when it comes to decisions that affect their lives. Children, the convention says, have the right to a basic quality of life and as such are entitled to advocates on their behalf, which could, and often does, include lawyers.

Family law: Parental abduction is a criminal offence

There is nothing worse for a parent to think that his or her child could be in harm's way. No parent wants to believe his or her former spouse and the parent of his or her child would do anything to hurt their children. But when British Columbia couples are going through high-conflict divorces, one person may take the children somewhere without the knowledge of the other. This is a serious family law issue that could result in an accusation of parental abduction, and there are laws in place to protect children and hold parents accountable when they do things they shouldn't.

Family law: Parental alienation and its effects on children

Divorce can be particularly difficult to process for children, no matter what their ages. Alberta has distinct family law rules in place that protect children from disturbing circumstances. Parental alienation is when one parent vilifies the other in front of their children, so much so that the children start believing what they're being told about the parent. This often happens when parents are fighting over the custody of their children.

How will a breakup affect your finances?

Alberta couples seeking a divorce have many things to think and worry about. The months and years immediately after the breakup of a marriage can be full of uncertainty, especially where your finances are concerned. The best way to minimize any struggles you might have at that time is to work to get the fairest and fullest portion of martial assets possible.

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

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