Family Law

Family Law Lawyer in Medicine Hat

What family law legal services do you provide?

Our family law lawyer is available to discuss the following issues with you:

  • Custody
  • Parenting and access
  • Child Support
  • Spousal Support
  • Restraining Orders / Emergency Protection Orders

 

Custody

Generally speaking, custody is the decision-making ability a parent has for their child. It encompasses where the child will live, which school the child will attend, and the spiritual upbringing of the child. A Court has the ability to make a custody order, and will make an order in accordance with the best interests of the child. Our family law lawyer will discuss with you different strategies and legally relevant arguments to raise to a Court.

 

Parenting Time and Access

Parenting time and access is the right that a parent has to spend time with their child. A court has the ability to maintain, limit, or expand a parent’s time with their child. A court will make an order in accordance with the best interest of the child. A few factors to determine the best interest of the child include, but are not limited to:

  • The history of care of the child,
  • The child’s preference,
  • The principle that a child should have sufficient time to maintain a meaningful relationship with both parents,
  • Any family violence, and
  • The stability of the child.

Contact us to schedule an appointment to consult with our family law lawyer, who can advise you on the strength of your parenting time and access claim.

 

Child Support

Come to our office, located in Medicine Hat, to consult with our family law lawyer. You can discuss the determining factors for child support, including: the number of children, your children’s ages, the amount of income of one or both parents, any previous court order, and parenting time. Our family law lawyer will ensure that you are following the correct Child Support Guidelines (Alberta vs. Federal), and will also determine if the facts of your case warrant a departure from the Guidelines.

 

Spousal Support

Spousal support (for married people) or adult interdependent partner support (for unmarried people) is compensatory in nature. An order would direct one spouse or partner to pay the other spouse or partner. Please contact our office today to speak with a family law lawyer about your spousal support claim.

 

Restraining Orders / Emergency Protection Orders

If you require a protection order immediately because of recent harm or a recent threat of imminent harm, then you may apply for an Emergency Protection Order. Under Protection Against Family Violence Act, the harmed party may contact a Provincial Court judge on any day and receive a temporary Emergency Protection Order if the judge determines that:

  1. Family violence has occurred,
  2. The harmed party has reason to believe that the respondent will continue carrying out family violence, and
  3. By reason of seriousness or urgency, the order should be granted to provide for the immediate protection of the claimant and other family members who reside with the claimant.

If you are granted an Emergency protection Order, then you must return to court within nine working days. Our family law lawyer can provide further details on obtaining and keeping an Emergency Protection Order.

Our family law lawyer may also assist in filing an application to the court for a restraining order. A restraining order, if granted, could forbid the abusive party from contacting you at your home, place of employment, or any other place you regularly attend. If the abusive party does not follow the order, then the party may be arrested. You must prove that your safety is at risk because the abusive party already harmed you, or because the abusive party has an abusive history and is, therefore, likely to harm you.