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December 2019 Archives

Family law: Financial duties of unmarried parents to their kids

Having children, in most cases, is a life-long commitment. In any case, it is a financial commitment until they turn 18 years of age, even when the parents of the children were never married. In Alberta, family law stipulates that parents have the legal obligation to support their children and that includes financially. A parent has a financial duty to his or her child even if that parent doesn't play a role in raising the child or didn't wish to have a child at all.

Children's issues: Parental selfies help kids get through divorce

Selfies are an invention of the latter part of this decade. These photos posted on a myriad of social media sites can actually be a teaching tool when it comes to certain children's issues surrounding divorce -- like co-parenting. Selfies can show British Columbia residents that having an amicable divorce is, indeed, possible and that co-parenting children positively is also possible.

Division of property: Who gets Fido or Fluffy after divorce?

Many people consider their pets to be part of the family. So when Alberta couples get divorced, there could be some nastiness about who gets to keep Fido or Fluffy when it comes time to discuss division of property. In the eyes of the law in Alberta, pets are considered to be property, but for many couples, they're also furry children. The Family Law Act entitles both spouses to equal rights when it pertains to family property, hence to their pets.

Family law: When a minor child causes property damage

There are many variables to take into consideration when parents' children cause damage to someone's property. Many rules concerning children in British Columbia are governed by family law, yet they can also be enmeshed with other laws in the province including the Young Offenders Act and the Youth Justice Act. A parent or legal guardian, by law, must supervise a minor child and if that child causes damages, the consequences could be rigid.

Seeking permanent custody of a child

It is a sad fact that a growing number of parents in British Columbia and across Canada are unable to provide for the basic needs of their children. This may be because of financial circumstances, substance abuse or other issues. Often, it is a temporary situation, and the children may find a safe and stable home elsewhere while their parents seek help for their own issues.

Alberta children's issues: Fight over parents' rights and GSAs

Wild Rose Country's premier says parents know what's best for their children. Alberta Premier Jason Kenney says his government will repeal Bill 24, which says teachers or principals must not divulge certain information to parents about their children like Gay-Straight Alliances (GSA) and their participation in those activities in schools. This has been one of the more contentious children's issues in the province.

Family law: Child support payors find MEP system difficult

Families are having a tough go of it in economically stressful times. Although there are measures in place under family law in Alberta to help, more people are facing additional stress due to job losses which can affect couples and ultimately lead to divorce. As such, many payors of child support are also falling behind on their payments. Alberta has the Maintenance Enforcement Program (MEP) in place to collect payments and has the authority to place restrictions on a payor financially.

Family law: Are child support payments tax deductible?

Parents who are divorcing have many things to work out. One of those issues is who will be paying child support. These kinds of issues fall under family law in Alberta and the payor of child support may be wondering whether he or she can claim those payments on their income tax returns. The Canada Revenue Agency (CRA) does not allow for the inclusion of child support payments as deductions for the payor, nor as income for the payee.

Family law: Divorce and finances at retirement age

Divorce can be particularly painful when it comes after a couple had been married for many years. There are many things to consider in such circumstances like spousal support and the division of assets, which fall under family law in British Columbia, but there are also many other issues a couple needs to deal with, particularly how a divorce will affect their plans for retirement. Grey divorce -- or the divorce of those aged 50 or older -- is on the rise and for seniors it can be particularly painful, especially financially.

Children's issues: Edmonton Police Service and child protection

The Edmonton Police Service (EPS) has protocols in place to ensure the safety of every child in the community. Child sexual abuse and severe physical abuse of children are among two of the most heinous children's issues in Alberta and the rest of the world. The EPS child protection section investigates these types of alleged abuses working in the multi-disciplinary Zebra-Child Protection Centre.

Children's issues: When bullying becomes a nasty problem

When parents see their children struggling, they struggle, too. One of the most pressing children's issues in British Columbia, as in the rest of the country, is that of bullying. Being bullied can affect a child's welfare in numerous ways and when parents get wind of what's going on, they may feel helpless. There are, however, some proactive things parents can do to help their children.

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


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