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84 Cards in this Set
- Front
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For parents who are (or were) married and have started a divorce action, the question of _______ is determined and formalized through Custody and Access Orders under the _____. For all other parents, these questions are determined and formalized through ______ under the _____. |
who will make decisions for the children and with whom the children will live Divorce Act Parenting Orders
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When we use the term custody in reference to a child, we are referring to their ______and to ______(which is sometimes referred to as _____). How these two elements (physical day-to-day care and decision-making authority) are divided between a child’s parents gives rise to the type of custody that the parents will exercise. |
physical custody (or day-to-day care) decision-making authority legal custody |
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Types of custody include: 4 |
Sole Joint Shared Split |
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To the general public, the term In law, the term joint custody means ______. The term does not, in and of itself, indicate the ______ |
joint decision-amount of time the child spends with each parentmaking authority |
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The term shared custody is not found in the _____, but rather comes from ________. The physical custody arrangement for a child can have a significant impact on how child support is calculated. Accordingly, these guidelines include terms (i.e., shared custody and split custody) that relate to the physical custody of children for the purposes of determining how child support is calculated. |
Divorce Act the Child Support Guidelines
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Shared custody is defined in the Guidelines as a situation where |
a parent exercises a right of access or has physical custody of a child for not less than 40 percent of the time over the course of a year. |
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Shared custody is defined in the Guidelines as a situation where |
a parent exercises a right of access or has physical custody of a child for not less than 40 percent of the time over the course of a year. |
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______ custody would be where the child lives one week with one parent and then the next week with the other parent. |
An example of shared |
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An example of ______ would be where the child lives one week with one parent and then the next week with the other parent. |
shared custody |
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Generally, the term shared custody is used in relation to a discussion or determination of child support, whereas the terms sole custody and joint custody are used in -_______. Orders granted under the ______to determine the issues of physical care and decision-making authority in relation to child. |
Court Divorce Act |
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The term split custody refers to the situation where |
the sibling group is split between the homes of the two parents so that one or more children live primarily with one parent and the other child (or children) lives primarily with the other parent. |
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Split custody is not very common as it is generally believed that siblings benefit from being together. However, there may be circumstances where this split arrangement is in the best interests of the children. For example: 3 |
Where there is a significant age gap between siblings; |
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Like the term shared custody, the term split custody is generally not used in ______granted under the _____. Rather, the situation is described using the terms sole custody or joint custody. |
Court Orders Divorce Act
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Access refers to: 2 |
The right of the child to spend time with the access parent; and The corresponding responsibility of that parent to make him or herself available to care for the child during the access time ordered by the Court (or agreed to by the parents). |
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The Divorce Act provides that a parent who has access to a child has the right to make _______. This does not mean, however, that an access parent has the right to ______. It means only that that they have the right to information about their child.e health, education, and welfare of the child. This does not mean, however, that an access parent has the right to participate in decision-making for the child. |
inquiries about and be given information as to the health, education, and welfare of the child participate in decision-making for the child |
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Types of access 3 |
Reasonable and general Specified
Supervised |
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Reasonable: Meaning ; and Generous: Meaning ______. Together, these two words indicate that ______. This type of access may be preferred for families where: 3 |
practical and realistic in relation to the circumstances of that family
bountiful or more rather than less the non-custodial parent will spend generous amounts of time with the children when it is practical and realistic to do so The parents have rotating work schedules; One or both parents travel periodically for work; or There are older children who are in the process of exercising greater autonomy and do not want a set access schedule.
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Reasonable: Meaning ; and Generous: Meaning ______. Together, these two words indicate that ______. This type of access may be preferred for families where: 3 |
practical and realistic in relation to the circumstances of that family
bountiful or more rather than less the non-custodial parent will spend generous amounts of time with the children when it is practical and realistic to do so The parents have rotating work schedules; One or both parents travel periodically for work; or There are older children who are in the process of exercising greater autonomy and do not want a set access schedule.
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In addition to ______, some parents also wish to have further details of access specified in the Court Order. For example, the Court Order could set out: |
specified times and dates for access |
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Reasonable: Meaning ; and Generous: Meaning ______. Together, these two words indicate that ______. This type of access may be preferred for families where: 3 |
practical and realistic in relation to the circumstances of that family
bountiful or more rather than less the non-custodial parent will spend generous amounts of time with the children when it is practical and realistic to do so The parents have rotating work schedules; One or both parents travel periodically for work; or There are older children who are in the process of exercising greater autonomy and do not want a set access schedule.
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In addition to ______, some parents also wish to have further details of access specified in the Court Order. For example, the Court Order could set out: |
specified times and dates for access |
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The Court Order could also impose _____ during access, for example, that the access parent will abstain from smoking in the presence of the children. |
conditions |
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While a Specified Access Order does provide clarity about the details of access, the disadvantage to this type of order is that it may be ______ and become |
inflexible outdated as the children age and their needs and interests change. |
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While a Specified Access Order does provide clarity about the details of access, the disadvantage to this type of order is that it may be ______ and become |
inflexible outdated as the children age and their needs and interests change. |
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If the issues of custody and access cannot be resolved by the parties, the Court will make the determination based on one factor: ______. The Divorce Act specifies that the child’s best interests are determined by reference to the conditions, means, needs, and other circumstances of the child. E.g 6 |
the best interests of the child Age of child History of care of the child during marriage Neighborhood Special needs or skills Religion Mobility |
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An application for a Custody or Access Order under the Divorce Act can be made ______ or _______. An Order granted during the divorce proceedings is an _____, meaning that it is the Order that will ______. To make an application for an interim order, one of the parties must have commenced the divorce proceedings by filing a _________. |
during the divorce proceedings after the divorce has been finalized Interim Order govern the issue of custody or access until a final determination of these issues can be made Statement of Claim for Divorce
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An application for a Custody or Access Order under the Divorce Act can be made ______ or _______. An Order granted during the divorce proceedings is an _____, meaning that it is the Order that will ______. To make an application for an interim order, one of the parties must have commenced the divorce proceedings by filing a _________. |
during the divorce proceedings after the divorce has been finalized Interim Order govern the issue of custody or access until a final determination of these issues can be made Statement of Claim for Divorce
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An Order granted after the divorce has been finalized is known as a ______. A Variation Order may be necessary if there has been a _____since the divorce was finalized. When a typical divorce is finalized, the Court will grant a ______, which ends the marriage, along with a _____ that addresses issues of ______. |
Variation Order material change in circumstance Divorce Judgment Corollary Relief Order custody, access, child support, and spousal support.
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A change might become necessary simply because of the passing of time and the changes in the lives of the children. For example, when the “final” order was granted (by way of the Divorce Judgment and Corollary Relief Order), the arrangement of joint custody with the children living primarily with the Mom may have been what was in the best interests of the children at that time in their lives. But perhaps after the passing of a number of years, it may be that one of the children now wants to live primarily with the Dad. This change to the “final” Order would be made through a ____ Order. |
Variation |
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The procedures for obtaining an Interim Order and for obtaining a Variation Order are quite similar (although not identical) and both generally follow the same process and use forms similar to those used for general civil litigation applications. Three documents are prepared for the application: _____. |
a family Application, an Affidavit, and an Order |
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The procedures for obtaining an Interim Order and for obtaining a Variation Order are quite similar (although not identical) and both generally follow the same process and use forms similar to those used for general civil litigation applications. Three documents are prepared for the application: _____. |
a family Application, an Affidavit, and an Order |
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In family law, the Application is called a _____ and is prepared using _____. The letters FL indicate ______. All of the FL forms can be found (in PDF and Word versions) on the _______. However, most law firms will have their own templates and precedents for the documents regularly used in a family law practice. The party making the application is called the ____ and the other party is called the ____. |
Family Application Form FL 18 the form is for specific use within family law Court of Queen’s Bench website Applicant Respondent
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The procedures for obtaining an Interim Order and for obtaining a Variation Order are quite similar (although not identical) and both generally follow the same process and use forms similar to those used for general civil litigation applications. Three documents are prepared for the application: _____. |
a family Application, an Affidavit, and an Order |
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In family law, the Application is called a _____ and is prepared using _____. The letters FL indicate ______. All of the FL forms can be found (in PDF and Word versions) on the _______. However, most law firms will have their own templates and precedents for the documents regularly used in a family law practice. The party making the application is called the ____ and the other party is called the ____. |
Family Application Form FL 18 the form is for specific use within family law Court of Queen’s Bench website Applicant Respondent
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The Family Application sets out _______ and indicates ______. The date is chosen by ______ taking into consideration ______. The Applicant’s lawyer may also canvass convenient dates for the Respondent’s lawyer in a situation where the Respondent’s lawyer is known to the Applicant’s lawyer. As with all Queen’s Bench Chambers applications, the starting time is _____. |
the date and time the application is scheduled for Chambers what relief the Applicant is seeking the Applicant’s lawyer, the time required for service of the application documents on the Respondent 10:00 a.m
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The procedures for obtaining an Interim Order and for obtaining a Variation Order are quite similar (although not identical) and both generally follow the same process and use forms similar to those used for general civil litigation applications. Three documents are prepared for the application: _____. |
a family Application, an Affidavit, and an Order |
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In family law, the Application is called a _____ and is prepared using _____. The letters FL indicate ______. All of the FL forms can be found (in PDF and Word versions) on the _______. However, most law firms will have their own templates and precedents for the documents regularly used in a family law practice. The party making the application is called the ____ and the other party is called the ____. |
Family Application Form FL 18 the form is for specific use within family law Court of Queen’s Bench website Applicant Respondent
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The Family Application sets out _______ and indicates ______. The date is chosen by ______ taking into consideration ______. The Applicant’s lawyer may also canvass convenient dates for the Respondent’s lawyer in a situation where the Respondent’s lawyer is known to the Applicant’s lawyer. As with all Queen’s Bench Chambers applications, the starting time is _____. |
the date and time the application is scheduled for Chambers what relief the Applicant is seeking the Applicant’s lawyer, the time required for service of the application documents on the Respondent 10:00 a.m
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______of the Alberta Rules of Court is the applicable rule for an interim application and _____ is the applicable rule for a variation application. The lawyer you work for may indicate that other rules are also applicable and should be cited. |
Rule 12.44(1) Rule 12.45(1) |
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The procedures for obtaining an Interim Order and for obtaining a Variation Order are quite similar (although not identical) and both generally follow the same process and use forms similar to those used for general civil litigation applications. Three documents are prepared for the application: _____. |
a family Application, an Affidavit, and an Order |
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In family law, the Application is called a _____ and is prepared using _____. The letters FL indicate ______. All of the FL forms can be found (in PDF and Word versions) on the _______. However, most law firms will have their own templates and precedents for the documents regularly used in a family law practice. The party making the application is called the ____ and the other party is called the ____. |
Family Application Form FL 18 the form is for specific use within family law Court of Queen’s Bench website Applicant Respondent
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The Family Application sets out _______ and indicates ______. The date is chosen by ______ taking into consideration ______. The Applicant’s lawyer may also canvass convenient dates for the Respondent’s lawyer in a situation where the Respondent’s lawyer is known to the Applicant’s lawyer. As with all Queen’s Bench Chambers applications, the starting time is _____. |
the date and time the application is scheduled for Chambers what relief the Applicant is seeking the Applicant’s lawyer, the time required for service of the application documents on the Respondent 10:00 a.m
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______of the Alberta Rules of Court is the applicable rule for an interim application and _____ is the applicable rule for a variation application. The lawyer you work for may indicate that other rules are also applicable and should be cited. |
Rule 12.44(1) Rule 12.45(1) |
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The Affidavit provides the Applicant’s written evidence that supports their position in requesting a certain Order from the Court. It will be signed by the Applicant and sworn before a Commissioner for Oaths (or Notary Public). The Affidavit is prepared using _____, which is a generic Queen’s Bench form of Affidavit. |
Form 49 |
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The procedures for obtaining an Interim Order and for obtaining a Variation Order are quite similar (although not identical) and both generally follow the same process and use forms similar to those used for general civil litigation applications. Three documents are prepared for the application: _____. |
a family Application, an Affidavit, and an Order |
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In family law, the Application is called a _____ and is prepared using _____. The letters FL indicate ______. All of the FL forms can be found (in PDF and Word versions) on the _______. However, most law firms will have their own templates and precedents for the documents regularly used in a family law practice. The party making the application is called the ____ and the other party is called the ____. |
Family Application Form FL 18 the form is for specific use within family law Court of Queen’s Bench website Applicant Respondent
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The Family Application sets out _______ and indicates ______. The date is chosen by ______ taking into consideration ______. The Applicant’s lawyer may also canvass convenient dates for the Respondent’s lawyer in a situation where the Respondent’s lawyer is known to the Applicant’s lawyer. As with all Queen’s Bench Chambers applications, the starting time is _____. |
the date and time the application is scheduled for Chambers what relief the Applicant is seeking the Applicant’s lawyer, the time required for service of the application documents on the Respondent 10:00 a.m
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______of the Alberta Rules of Court is the applicable rule for an interim application and _____ is the applicable rule for a variation application. The lawyer you work for may indicate that other rules are also applicable and should be cited. |
Rule 12.44(1) Rule 12.45(1) |
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The Affidavit provides the Applicant’s written evidence that supports their position in requesting a certain Order from the Court. It will be signed by the Applicant and sworn before a Commissioner for Oaths (or Notary Public). The Affidavit is prepared using _____, which is a generic Queen’s Bench form of Affidavit. |
Form 49 |
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Once ______ have been prepared and the Affidavit has been _______, the legal assistant should make at least three additional photocopies of both documents and arrange for them to be filed at the Court of Queen’s Bench. |
the Family Application and Affidavit Sworn and signed |
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Once the Family Application and Affidavit have been prepared and the Affidavit has been sworn and signed by the client (Applicant), the legal assistant should ______and arrange for them _____. |
make at least three additional photocopies of both documents to be filed at the Court of Queen’s Bench |
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Once the Family Application and Affidavit have been prepared and the Affidavit has been sworn and signed by the client (Applicant), the legal assistant should ______and arrange for them _____. |
make at least three additional photocopies of both documents to be filed at the Court of Queen’s Bench |
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An additional requirement, which is unique to a family law Chambers application, is that an Applicant who is applying for a Court Order relating to a child (e.g., a Custody Order, Access Order, or Child Support Order) must provide proof that he or she _______ |
has attended the Parenting After Separation (PAS) seminar |
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Once the Family Application and Affidavit have been prepared and the Affidavit has been sworn and signed by the client (Applicant), the legal assistant should ______and arrange for them _____. |
make at least three additional photocopies of both documents to be filed at the Court of Queen’s Bench |
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An additional requirement, which is unique to a family law Chambers application, is that an Applicant who is applying for a Court Order relating to a child (e.g., a Custody Order, Access Order, or Child Support Order) must provide proof that he or she _______ |
has attended the Parenting After Separation (PAS) seminar |
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Proof of attendance at the PAS seminar is provided by filing a ______ . It is important for the legal assistant to ______ and obtain that Certificate from the client so that the ______ |
Certificate of Completion that would have been given to the client (Applicant) at the end of the seminar follow up with the client after they have attended the seminar Certificate can be filed along with the Family Application and Affidavit. |
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Once the Family Application and Affidavit have been prepared and the Affidavit has been sworn and signed by the client (Applicant), the legal assistant should ______and arrange for them _____. |
make at least three additional photocopies of both documents to be filed at the Court of Queen’s Bench |
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An additional requirement, which is unique to a family law Chambers application, is that an Applicant who is applying for a Court Order relating to a child (e.g., a Custody Order, Access Order, or Child Support Order) must provide proof that he or she _______ |
has attended the Parenting After Separation (PAS) seminar |
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Proof of attendance at the PAS seminar is provided by filing a ______ . It is important for the legal assistant to ______ and obtain that Certificate from the client so that the ______ |
Certificate of Completion that would have been given to the client (Applicant) at the end of the seminar follow up with the client after they have attended the seminar Certificate can be filed along with the Family Application and Affidavit. |
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Once the Family Application, Affidavit, and PAS seminar Certificate of Completion have been filed at the Court of Queen’s Bench, the legal assistant will arrange for the _______. |
Family Application and the Affidavit to be served on the Respondent. |
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Once the Family Application and Affidavit have been prepared and the Affidavit has been sworn and signed by the client (Applicant), the legal assistant should ______and arrange for them _____. |
make at least three additional photocopies of both documents to be filed at the Court of Queen’s Bench |
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An additional requirement, which is unique to a family law Chambers application, is that an Applicant who is applying for a Court Order relating to a child (e.g., a Custody Order, Access Order, or Child Support Order) must provide proof that he or she _______ |
has attended the Parenting After Separation (PAS) seminar |
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Proof of attendance at the PAS seminar is provided by filing a ______ . It is important for the legal assistant to ______ and obtain that Certificate from the client so that the ______ |
Certificate of Completion that would have been given to the client (Applicant) at the end of the seminar follow up with the client after they have attended the seminar Certificate can be filed along with the Family Application and Affidavit. |
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Once the Family Application, Affidavit, and PAS seminar Certificate of Completion have been filed at the Court of Queen’s Bench, the legal assistant will arrange for the _______. |
Family Application and the Affidavit to be served on the Respondent. |
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If the application is for an interim Order, the Respondent must be served at least _____ before the hearing date and may be served using any of the methods by which a court document can be served. If the application is to vary a final Order, the Respondent must be served at least _____ before the hearing date and service must be _____ on the Respondent. An ______ should be prepared, filed, and held on the file. |
5 days 20 days personal service Affidavit of Service |
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Respondent’s Options 3 |
Ignore Contest Consent |
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Respondent’s Options 3 |
Ignore Contest Consent |
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Application contested procejure |
1. If the Respondent wishes to contest (or oppose) the application, the Respondent is required to prepare, file, and serve their own Affidavit on the Applicant a reasonable time before the scheduled 2 two lawyer attend 3 draft an order in advance and have it signed by justice Or draft a new one within 10 days of decision 4 signed or discussed 5 The legal assistant will then make copies of the Order and arrange for the Order to be taken to the Chambers Clerk at the court house. At the court house the Order will be signed by the Justice (or a clerk on behalf of the Justice) and filed. Once filed, the Order must be served on the Respondent. |
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The legal assistant will then make _____ and arrange for the Order to be ______. At the court house the Order will be |
copies of the Order taken to the Chambers Clerk at the court house signed by the Justice (or a clerk on behalf of the Justice) and filed. Once filed, the Order must be served on the Respondent. |
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If the Respondent is in agreement with the relief that has been asked for in the Family Application, then the matter can be resolved by the _____. Sometimes there may be partial agreement on the relief asked for in the Family Application, in which case the lawyers for the parties may attempt to negotiate the details of relief until full agreement is reached and a Consent Order can be drafted. |
drafting and signing of a Consent Order |
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If the Respondent is in agreement with the relief that has been asked for in the Family Application, then the matter can be resolved by the _____. Sometimes there may be partial agreement on the relief asked for in the Family Application, in which case the lawyers for the parties may attempt to negotiate the details of relief until full agreement is reached and a Consent Order can be drafted. |
drafting and signing of a Consent Order |
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Once signed by both lawyers, the Consent Order is then ready for ____. This may be done in one of two ways: |
presentation to the Court and signing by a Justice 1. The Applicant’s lawyer could take the Consent Order (signed by both lawyers) to morning Chambers and present it to the Court for signing; or 2. The Consent Order (signed by both lawyers) can be delivered to the Chambers Clerk at the court house by the law firm’s court runner, the Chambers Clerk will then submit it to a Justice for signing. |
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If the Respondent is in agreement with the relief that has been asked for in the Family Application, then the matter can be resolved by the _____. Sometimes there may be partial agreement on the relief asked for in the Family Application, in which case the lawyers for the parties may attempt to negotiate the details of relief until full agreement is reached and a Consent Order can be drafted. |
drafting and signing of a Consent Order |
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Once signed by both lawyers, the Consent Order is then ready for ____. This may be done in one of two ways: |
presentation to the Court and signing by a Justice 1. The Applicant’s lawyer could take the Consent Order (signed by both lawyers) to morning Chambers and present it to the Court for signing; or 2. The Consent Order (signed by both lawyers) can be delivered to the Chambers Clerk at the court house by the law firm’s court runner, the Chambers Clerk will then submit it to a Justice for signing. |
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The Order is prepared using Form _____, but will be modified depending on whether it is a Consent Order or an Order granted as a result of a contested application. |
FL 27 |
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If the Respondent is in agreement with the relief that has been asked for in the Family Application, then the matter can be resolved by the _____. Sometimes there may be partial agreement on the relief asked for in the Family Application, in which case the lawyers for the parties may attempt to negotiate the details of relief until full agreement is reached and a Consent Order can be drafted. |
drafting and signing of a Consent Order |
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Once signed by both lawyers, the Consent Order is then ready for ____. This may be done in one of two ways: |
presentation to the Court and signing by a Justice 1. The Applicant’s lawyer could take the Consent Order (signed by both lawyers) to morning Chambers and present it to the Court for signing; or 2. The Consent Order (signed by both lawyers) can be delivered to the Chambers Clerk at the court house by the law firm’s court runner, the Chambers Clerk will then submit it to a Justice for signing. |
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The Order is prepared using Form _____, but will be modified depending on whether it is a Consent Order or an Order granted as a result of a contested application. |
FL 27 |
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The date the Order was granted and the name of the Justice who granted the Order is set out below the contact information for the law firm. The first paragraph(s) of the Order detail the circumstances surrounding the granting of the Order and the information that was before the Court. These paragraphs are referred to as _____. |
preamble |
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If the Respondent is in agreement with the relief that has been asked for in the Family Application, then the matter can be resolved by the _____. Sometimes there may be partial agreement on the relief asked for in the Family Application, in which case the lawyers for the parties may attempt to negotiate the details of relief until full agreement is reached and a Consent Order can be drafted. |
drafting and signing of a Consent Order |
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Once signed by both lawyers, the Consent Order is then ready for ____. This may be done in one of two ways: |
presentation to the Court and signing by a Justice 1. The Applicant’s lawyer could take the Consent Order (signed by both lawyers) to morning Chambers and present it to the Court for signing; or 2. The Consent Order (signed by both lawyers) can be delivered to the Chambers Clerk at the court house by the law firm’s court runner, the Chambers Clerk will then submit it to a Justice for signing. |
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The Order is prepared using Form _____, but will be modified depending on whether it is a Consent Order or an Order granted as a result of a contested application. |
FL 27 |
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The date the Order was granted and the name of the Justice who granted the Order is set out below the contact information for the law firm. The first paragraph(s) of the Order detail the circumstances surrounding the granting of the Order and the information that was before the Court. These paragraphs are referred to as _____. |
preamble |
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There are a few differences between a Consent Order and an Order that resulted from a contested application, as follows: |
resulted |
