Courts are Opening Up for Family Law in Alberta

Courts are Opening Up for Family Law in Alberta - Somewhat

Adam Letourneau, QC, Managing Partner - LETOURNEAU LLP • May 13, 2020

Alberta Courts are Opening Up Certain Processes for Family Law Issues

May 12, 2020 -

Adam Letourneau, QC, Managing Partner, LETOURNEAU LLP

The Courts have been working hard to catch up to the Covid-19 state of emergency restrictions that have effectively stopped most family law matters from proceeding in Court, other than a fairly restricted number of emergency situations.

Last week, the Court of Queen's Bench announced some creative methods to try and catch up and to deal with ongoing family law issues. These include allowing desk applications for Notices to Disclose and orders to enforce exchange of disclosure. It also includes the potential to have certain matters heard where there is counsel on both sides, and where there is agreement to make legal arguments by written submissions only. The Court of Queen's Bench is also entertaining a limited number of legal issues to be decided by a simple desk application to an Emergency Justice (judge), including such things as simple child support applications, travel consent applications, parenting time for vacation or summer holiday times, simple Parenting Variation Application (e.g. pick up location, pick up or drop off time, change in supervisor, and other simple changes to parenting arrangement), exclusive possession of matrimonial/family home, and a few other issues.

There are very specific processes that must be followed for these types of applications, and, in certain circumstances, there must be legal counsel on both sides. We have studied these carefully and have started making such applications on behalf of our clients. We are very grateful for these opportunities to seek resolution where negotiation, mediation or arbitration have not worked.

For emergency situations, such as a child being exposed to danger, the threat of a child being taken from the jurisdiction, or review of Emergency Protection Orders, an interim online application must be made, and if the Emergency Justice (judge) deems that it meets certain criteria, they will then give direction to provide an application and supporting affidavits.

We look forward to other adaptations to be made by the Courts, and we will try to update you on this Blog.

If you require advice or help obtaining child support, child custody or parenting orders, or other family law or divorce issues, please contact us. The team of family law lawyers at LETOURNEAU LLP are trained in these complex matters, and we would be pleased to assist you in either negotiating a solution, or in representing your interests or your children's interests in the Courts. Consider calling for a free consultation with one of our LETOURNEAU LLP Family Lawyers at 403-329-4311 to discuss your family law matter. See you soon.

This article does not constitute legal advice.

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