Family Law Module 4

Front 1

Parentage is a

parentage is different from guardianship because: 2

Back 1

finding by the Court that a person is a legal parent of a child.

Front 2

guardians are unable to successfully exercise the bundle of rights and responsibilities together (Custody Orders (which are granted under the Divorce Act) and Parenting Orders (which are granted under the Family Law Act) do just that—they

Back 2

allocate guardianship rights and responsibilities between the guardians.

Front 3

In situations where paternity is in dispute, one of the parties may make an application (under the ______) for a ______. This type of application must be made in the Court of Queen’s Bench of Alberta (the Provincial Court does not have jurisdiction to grant declarations).

Back 3

Family Law Act

Declaration of Parentage

Front 4

In Alberta, the law considers the following persons to be guardians of a child:

Back 4

deemed parents

By court

By will

Front 5

Under Section 20 of the Family Law Act, a parent of a child is deemed to be a guardian if that parent:

Back 5

(a) has acknowledged that he or she is a parent of the child, and

(b) has demonstrated an intention to assume the responsibility of a guardian in respect of the child within one year from either becoming aware of the pregnancy or becoming aware of the birth of the child, whichever is earlier.

Front 6

Section 20 of the Act goes on to state that a parent has demonstrated an intention to assume the responsibility of a guardian in respect of a child by:

Back 6

8

Front 7

A person can become a guardian by applying to the Court for _____ under the ______. These applications are commonly made by ______ or ______

Back 7

a Guardianship Order

Family Law Act

parents who are not deemed guardians

other family members such as grandparents, aunts, or uncles who may be caring for or raising the child.

Front 8

An application for a Guardianship Order can be made in _______. Generally, the person applying for the Guardianship Order must ______ and _____. However, these requirements may be waived by the Court.

Back 8

either the Court of Queen’s Bench or Provincial Court.

have had care and control of the child for at least 6 months

the existing guardians and the child (if over the age of 12) must consent to the application.

Front 9

When deciding whether to grant the Guardianship Order, the Court must consider: 3.

Back 9

the suitability of the Applicant as guardian;

whether the Applicant is willing and able to exercise the powers and responsibilities of a guardian; and

The best interests of child

Front 10

Under the Family Law Act, a guardian who is a parent of a child may appoint _____. The parent/guardian in this situation cannot give the Will-appointed guardian ______. If the child has two guardians, and the parent/guardian does not appoint a guardian in their Will, then _____.

Back 10

someone in their Will to become a guardian of that child upon that parent’s death

greater powers and responsibilities than they possess themselves

the surviving guardian takes over all of the rights and responsibilities of guardianship

Front 11

If a child has more than one guardian and the guardians cannot agree on how to jointly exercise the rights and responsibilities of guardianship, either party may apply to the Court for one of the following:

Back 11

a Custody Order under the Divorce Act, in the situation where the guardians are (or were) married

a Parenting Order under the Family Law Act, for all other guardians.

Front 12

An application for a Parenting Order can be made in ______

Back 12

either the Court of Queen’s Bench or the PC

Front 13

In parenting order , the court may set out

Back 13

allocate rights and responsibilities between the guardians;

allocate parenting time between the guardians.

modify a guardian’s right to participate in decision-making (or in relation to certain decisions); or

Front 14

Parenting time refers to ______. During parenting time, that guardian is responsible for the physical care of the child and will make all the day-to-day decisions for the child.

Back 14

any time that a guardian spends with the child in their care

Front 15

The format and structure of a Parenting Order is very similar to that of a Custody Order (which was covered in Module 3). The notable difference is that a Parenting Order does not ______” but rather refers to _______. A sample Parenting Order is provided in the Resource section for this module.

Back 15

use the words “custody” or “access,

each party having parenting time

Front 16

The format and structure of a Parenting Order is very similar to that of a Custody Order (which was covered in Module 3). The notable difference is that a Parenting Order does not ______” but rather refers to _______. A sample Parenting Order is provided in the Resource section for this module.

Back 16

use the words “custody” or “access,

each party having parenting time

Front 17

Another type of Order available under the Family Law Act is a ______. Parenting Orders are only available to _____. However, there may be other adult persons (who are not guardians) who wish to spend time with a child, but are being denied that time by the child’s guardian. This might include: 4

An application for a Contact Order may be made in ______.

Contact with a child may include:

Back 17

Contact Order

guardians of a child

either the Court of Queen’s Bench or the Provincial Court

in-person time, including overnight time;

 telephone calls, e-mail, and webcam; and

Letters

Front 18

The Court of Queen’s Bench and the Provincial Court have concurrent jurisdiction over many of the matters within the Family Law Act. Accordingly, applications for _______ 4 (and others) can be made in either the Court of Queen’s Bench or the Provincial Court. However, there are a few matters over which the Court of Queen’s Bench has exclusive jurisdiction (e.g., ______).

Back 18

Guardianship Orders, Parenting Orders, Contact Orders, or Child Support Orders

the granting of a Declaration of Parentage

Front 19

Generally, the documents required for making an application under the Family Law Act are:

Back 19

Claim

Statement or affidavit

Certificate of Lawyer

Front 20

The party making the application is called the Applicant and the other party is the Respondent. The Claim indicates ______ as well as ______ for the application.

The Claim also indicates ______. it is possible to ask for more than one Order in the Claim.

Back 20

which court will be hearing the application

the date and time

which Order the Applicant is seeking

Front 21

Applications in Court of Queen’s Bench morning Chambers are heard starting at _____. Applications in Provincial Court are heard in _____ at _______. The date for the morning chambers application is chosen by _____, taking into consideration ________ (and perhaps after canvassing convenient dates for the Respondent’s lawyer in a situation where the Respondent’s lawyer is known to the Applicant’s lawyer).

Back 21

10:00 a.m.

Docket Court starting at 9:30 a.m

the Applicant’s lawyer

the time required for service of the application documents on the Respondent

Front 22

The Claim also sets out the ______for asking for the Order(s). The grounds paragraph typically includes one or two brief sentences. If the Applicant is seeking an Order that relates to children, the words “best interests” are often used in the grounds paragraph. Finally, the Claim sets out the ______. The Applicant’s evidence in a Family Law Act application is presented by way of a ______ (which is an _____) or, alternatively, by way of a regular Affidavit. The Statement or Affidavit used by the Applicant (including the date it was sworn) will be set out in this evidence paragraph of the Claim.

Back 22

Applicant’s grounds

evidence that the Applicant will be relying upon

prescribed Statement

Affidavit

Front 23

A Claim is prepared using Form ______.

Back 23

FL 10

Front 24

A Statement is _______. There is a different Statement that corresponds to each type of Order that is requested in the Claim. For example, if the Applicant requested a Child Support Order in the Claim, the Applicant will need _____ – Child Support. If the Applicant has asked for two Orders in the Claim, then there will be _____ required for the application (a Statement corresponding to each of the two Orders requested). Form numbers for Statements are _____.

Back 24

an affidavit that sets out the Applicant’s written evidence that supports their position in requesting a certain Order from the Court

Form FL 45 Statement

two Statement(s)

FL 34 to FL 56

Front 25

The Certificate of Lawyer is signed by the lawyer and verifies to the Court that ____. This requirement is imposed on every lawyer who acts on behalf of a party under the Family Law Act. The Certificate of Lawyer is Form __. A sample Certificate of Lawyer is provided in the Resources section for this module.

Back 25

the lawyer has discussed alternate dispute resolution methods with their client

FL 12

Front 26

Once the Claim, Statement(s) (or Affidavit), and Certificate of Lawyer have been prepared and signed, the legal assistant should _____ (there is a $____ filing fee for a Claim under the Family Law Act). The legal assistant will then arrange for _____ (the Certificate of Lawyer does not need to be served).

If the application is being heard in the Court of Queen’s Bench and involves children, the Respondent must also be served with a ____. This Notice explains the _____.

Back 26

make at least three additional photocopies of each document and arrange for them to be filed at the appropriate court

50.00

Notice of Mandatory Seminar.

requirement for parents to attend the Parenting After Separation seminar.

Front 27

The Respondent must be personally served with these documents at least ____ before the hearing date. An _____ should then be filed with the Court.

Back 27

20 days

Affidavit of Service

Front 28

The general documents used by a Respondent in an application under the Family Law Act are:

Back 28

Reponse

Reply statement

Cretificate of Lawyer

Front 29

The general documents used by a Respondent in an application under the Family Law Act are:

Back 29

Reponse

Reply statement

Cretificate of Lawyer

Front 30

The Response form indicates ______. If the Respondent wishes to ______, that is also indicated in the Response form. The Response is prepared using Form _____, which can be found on the Alberta Courts website.

Back 30

which Order(s) the Respondent agrees with and which Order(s) the Respondent disagrees with

ask the Court for a certain Order

FL 11

Front 31

A Reply Statement is an _______. There is a different Reply Statement corresponding to each type of Order requested in the Applicant’s Claim. For example, if the Applicant asked for a Child Support Order in the Claim, the Respondent will need Form ____. Reply Statement – Child Support. If the Applicant asked for two Orders in the Claim, then there will be two Reply Statement(s) required for the application (one Reply Statement for each Order requested by the Applicant). Form numbers for Reply Statements are ____.

Back 31

affidavit that sets out the Respondent’s written evidence that supports their position in either agreeing or disagreeing with the granting of certain Orders

FL 67

FL 57 to FL 58.

Front 32

Filing and Serving the Respondent’s Documents

Back 32

Once the Response, Reply Statement(s) (or Affidavit), and Certificate of Lawyer have been prepared and signed, the legal assistant should make at least three additional photocopies of each document and arrange for them to be filed at the appropriate court.

The legal assistant will then arrange for the Response and Reply Statement(s) (or Affidavit) to be served on the Applicant. Service must be within a reasonable time before the court hearing— anything less than 10 days before the court hearing will be considered prejudicial to the Applicant.

Front 33

Filing and Serving the Respondent’s Documents

Back 33

Once the Response, Reply Statement(s) (or Affidavit), and Certificate of Lawyer have been prepared and signed, the legal assistant should make at least three additional photocopies of each document and arrange for them to be filed at the appropriate court.

The legal assistant will then arrange for the Response and Reply Statement(s) (or Affidavit) to be served on the Applicant. Service must be within a reasonable time before the court hearing— anything less than 10 days before the court hearing will be considered prejudicial to the Applicant.