Family law is a legal specialty field that deals with topics relating to relations within the family and matters like marriage, divorce, and child custody, among others. Family lawyers may advise clients in family court cases or in similar deals and may also draw up essential legal papers, such as court requests or property agreements. Family law, however, is a fairly wide area of research and covers multiple topics. Since family law matters are highly personal, having a trustworthy legal expert by your side will help guarantee that your loved ones are adequately treated and supported in any court case.
At Hill and Hill Law, our family law lawyer is available to discuss the following issues with you:
Parenting and access
Division of matrimonial property
Guardianship and contact
Restraining orders / emergency protection orders
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 custody lawyer will discuss your different strategies and legally relevant arguments to raise to a court. You can avoid court by entering into a custody agreement with the child’s other parent.
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. If you already have a parenting order, the order may be changed depending on whether there was a significant change in circumstances. 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 ability to care for a child
The willingness to care for the child
The child’s preference
The child’s sufficiency of time spent with both parents
Any family violence
The stability of the child
A court will consider all of the above noted factors. Each case is different, and each child’s needs are different. For that purpose, it is important to tailor-make your access claim to your unique situation. If you live in Medicine Hat, Dunmore, Brooks, Redcliff, or its surrounding area, contact us to schedule an appointment to consult with our parenting time lawyer, who can advise you on the strength of your parenting time and access claim. You can also avoid court by entering into a parenting agreement with the child’s other parent. This is often less stressful and more cost efficient.
Come to our office, located in Medicine Hat, to consult with our lawyer regarding your family law matter. You can discuss the determining factors for child support, including:
The number of children a parent is obligated to provide support for
The children’s ages
The amount of income of one or both parents
Any previous court order
Any child support agreement made between the parents
The parenting schedule of each parent
The place of residence of the parents
Our child support lawyer will ensure that you are following the correct child support guidelines (Alberta vs. Federal) and will assist you in receiving a fair monthly payment. If a parent of a child is not paying child support, please contact our office. Child support is an obligation that parents owe their children. Each child has legal entitlements and rights to receive child support. In some circumstances a court may depart from the child support guidelines. Similar to custody and access, child support can be dealt with outside of court by making a child support agreement.
Spousal support (for married people) or adult interdependent partner support (for unmarried people) is compensatory in nature. The law in Alberta also recognizes a non-compensatory claim for spousal / partner support. This occurs when one spouse earns an income significantly higher than the other spouse. A spousal support order would direct one spouse or partner to pay the other spouse or partner. An order may or may not specify a timeframe. Similar to other family law matters, spousal support can be varied if there is a change in circumstances. Please contact our office today to speak with a spousal support lawyer about your claim.
Typically, after custody, parenting time, child support, spousal support, and division of matrimonial property is dealt with, you may make a divorce application to the Court of Queen’s Bench. This application will contain any previous order made as well as any agreement entered into. If the previous matters were agreed to in a family law contract, then this final step is relatively simple. Contact Hill and Hill Law to discuss this step with our divorce lawyer.
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:
Family violence has occurred
The harmed party has reason to believe that the respondent will continue carrying out family violence
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.
NOTE: At this time Hill & Hill Law is not accepting contested family law matters.