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October 5, 2005
New law puts children first during family separation
Family Law Act easier to use and understand
Red Deer... Doing what's best for Alberta children when family relationships break down or parents separate is the focus of new provincial legislation. The new law clearly defines what "best interests of the child" means and provides the courts with criteria to use when making decisions that affect children.
The Family Law Act officially became law on October 1, after extensive consultation and work with judges, the legal community and individual Albertans. The new Act updates and consolidates provincial family law so most aspects of family matters are located in one act instead of several.
"The break up of a family is an extremely stressful time. Effective and efficient resolution of any legal matters means parents and children can move past this difficult time," said Justice Minister Ron Stevens. "To help reduce the impact and strain on families, we made this new family law as easy as possible to understand and use."
The Act covers the rights and responsibilities of guardians, spousal and child support, and provides for contact by non-guardians. It also replaces custody and access orders with parenting orders and contains updated legal terms to reflect current legal practices. As well, mediation and dispute resolution are encouraged in the Act to help families resolve issues and avoid going to court.
This law does not cover children's property, child welfare matters including adoptions, the division of matrimonial property, or divorces.
The new law applies to both the Court of Queen's Bench and the Provincial Court. Albertans can choose which court they want to apply to and both courts will use the same forms and similar procedures for applications. This makes family law easier to understand and work with.
To support families during the transition to the new Family Law Act, court actions started under the former legislation will continue under that legislation, and previous orders will remain in force and be treated as Family Law Act orders. Any changes or variation applications will be commenced under the new Act.
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Editor's Note: A Backgrounder with Frequently Asked Questions on the Act is attached.
Media enquiries may be directed to:
Shannon Haggarty, Alberta Justice Communications, Phone: (780) 427-8530 or (780) 982-0180 (cell phone)
To call toll free within Alberta dial 310-0000.
October 5, 2005
Family Law Act Frequently Asked Questions
What does the Family Law Act do?
The Family Law Act is new provincial legislation that gives clear guidelines on the rights and responsibilities of family members, focuses on the best interests of the child, and encourages mediation and dispute resolution to settle family law disputes to avoid going to court. It replaces the Domestic Relations Act, the Parentage and Maintenance Act, the Maintenance Order Act, the family law sections of the Provincial Court Act, and the part of the Child, Youth and Family Enhancement Act that deals with private guardianship.
What does the Family Law Act NOT do?
The Family Law Act does not address child welfare matters including adoptions under the Child, Youth and Family Enhancement Act, children's property which is now under the Minor's Property Act, division of matrimonial property under the Matrimonial Property Act, and divorces under the federal Divorce Act.
How are "best interests of the child" defined?
For the first time, it is clearly defined in the Act what "best interests of the child" means. The overriding criteria is that the court shall ensure the greatest possible protection of the child's physical, psychological and emotional safety. The court will also consider all the child's needs and circumstances, including such things as the nature and strength of existing relationships for the child, any civil or criminal proceedings relevant to the child's safety and well being, and the ability of parents to care for and meet the needs of the child. Section 18 of the Act lists other criteria.
Who is a "guardian"?
In most situations, the mother and father are the guardians of their children, and are responsible for supporting their well-being and development. The new Family Law Act gives mothers and fathers an equal opportunity to be involved in their children's lives, based on the best interests of the child.
What are the responsibilities and powers of guardians?
The Act continues Alberta law in that guardians have equal powers and responsibilities to make decisions. Guardians make decisions regarding the child's education, cultural, linguistic, religious and spiritual upbringing, they consent to medical, dental and other health related treatments, they decide with whom the child is to live with and associate with, and make many other decisions. Refer to Section 21 for a complete list. The Act also includes a duty for guardians to cooperate with each other in matters that affect the child. If guardians cannot agree, they can apply to court for a parenting order.
What is a "parenting order"?
A parenting order may set out how decisions about the child are to be made, who makes them, and how the child's time is shared between the guardians. The court may make a parenting order when a child has more than one guardian (usually parents) who live apart and need assistance to cooperate in raising the child. Parenting orders are new to family law and encourage both parents to be involved with the child in most cases.
What is a "contact order?"
A contact order addresses the ability of people who are not guardians to spend time with the child. Under the Family Law Act, grandparents have an unrestricted right to apply for contact with grandchildren when parents are separated or one of the parents is deceased. Parents who are not guardians, or persons standing in the place of parents (e.g. stepparents) may also have such an unrestricted right to apply. All others need approval of the court to apply.
What does the Act say about child support?
The child support guidelines in the Family Law Act mirror the Federal Child Support Guidelines, and will not result in any key changes to the way financial support for children is calculated. The Act states that parents are responsible for the financial support of their children to the age of 18 or, under some circumstances, to the age of 22 when a child is pursuing and making a reasonable contribution to a full-time education program. Child support takes precedence over support to spouses or adult interdependent partners.
Where can I go for more information?
You can contact the Family Law Information Centres in Calgary at (403) 297-6600, or in Edmonton at (780) 415-0404. Dial 310-0000 first for toll-free access across the province. You can also look online at the Alberta Justice website:
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Media enquiries may be directed to:
Shannon Haggarty
Alberta Justice Communications
Phone: (780) 427-8530 or (780) 982-0180 (cell phone)
To call toll free within Alberta dial 310-0000.
Copyright(c); 2005 Government of Alberta