Name: McLean Legal Family Lawyers
Address: Calgary Alberta Canada, AB
Telephone: 587-353-2632
Price range: $$ - $$$

Contracts serve as the bedrock of business transactions and personal agreements, outlining the rights and obligations of the parties involved. After the ink is dry, circumstances can change and the need to amend or modify contracts may arise, even after arbitration in Calgary. It is very important to understand if there is any availability to amend an existing agreement or Arbitration Award.

Understanding Arbitration in Calgary

Before addressing contract modifications, it’s crucial to grasp the fundamental principles of arbitration.. Arbitration is a method of dispute resolution where parties involved in a contract opt for a neutral third party, known as an Arbitrator, to make binding decisions to resolve their disputes. The Arbitrator assesses evidence, hears arguments, and renders an enforceable Award (like a Judgment) in accordance with law.

Can a Contract Be Altered After Arbitration?

Limited Post-Arbitration Changes: Generally, the arbitration award is considered final and binding once arbitration has concluded. The process is designed to provide a swift and definitive resolution to disputes. Consequently, the ability to amend a contract after arbitration is typically restricted.
Possible Contract Modification: Modifying a contract after arbitration is not entirely impossible. With good faith and without duress, the parties can mutually agree to amend certain terms or clauses through the original written agreement or an addendum to it..
Exceptional Circumstances: In special cases, where there is evidence of fraud, duress, or coercion during the arbitration process or where there has been a significant change in circumstances that could not have been foreseen at the time of arbitration, a court may entertain a request to modify the contract. Such cases are rare and require compelling evidence.

Steps to Modify a Contract Post-Arbitration

If there is a genuine need to modify a contract after arbitration in Calgary, here are the steps to follow:

Mutual Agreement: All parties involved must agree to the proposed contract modification. This agreement should be in writing and clearly outline the contract terms or clause changes.
Legal Review: Consult with legal professionals specializing in contract law to ensure the proposed changes are legally sound and compliant with Alberta’s laws and regulations.
Formal Amendment: Prepare a formal contract amendment or addendum that identifies the contract in question, specifies the modifications, and includes all parties’ signatures. This document should be executed with the same level of formality as the original contract.
Documentation: Retain all records and documentation related to the contract modification, including communication and correspondence between the parties.
Consider Arbitration Agreement: If the original contract contained an arbitration clause, it’s advisable to include a clause in the amendment stipulating how future disputes arising from the modification will be resolved, whether through arbitration or another method.
Legal Review (Again): Have the contract amendment reviewed by legal professionals to ensure it complies with all legal requirements.
Arbitration Award: If a contract is being amended after an Arbitration Award, be sure to indicate in the contract modification or addendum what parts of the Award are specifically amended and of no continued force and effect.

Challenges & Considerations

It’s essential to be aware of several challenges and considerations when seeking to modify a contract after arbitration in Calgary:

Binding Nature of Arbitration Awards: Arbitration Awards are typically binding and final. Courts are hesitant to reopen issues that have already been resolved through arbitration.
Burden of Proof: Proving the need for contract modification based on exceptional circumstances, such as fraud or coercion during arbitration, can be a substantial legal challenge.
Enforceability: Any contract modification must comply with Alberta’s contract laws and be enforceable in accordance with legal standards.
Arbitration Clause: If the original contract contained an arbitration clause, parties should consider how future disputes arising from the modification will be handled to avoid potential conflicts.
Legal Counsel: Seek legal counsel when contemplating contract modifications to ensure compliance with the law and mitigate risks.

Changes After Arbitration in Calgary: Seeking a Lawyer

Modifying a contract after arbitration in Calgary is a complex and challenging process that should be cautiously approached. While it is possible under certain circumstances, it requires the unanimous consent of all parties, legal scrutiny, and adherence to Alberta’s contract laws. Given the binding nature of arbitration awards, it is generally advisable to consider and negotiate contract terms before entering into agreements and seek legal guidance when contemplating modifications. Understanding the limitations and legal considerations involved is essential to making informed decisions in the realm of contract modifications post-arbitration.

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

Many turn to arbitration in Calgary as an alternative to settling disputes for a more efficient and cost-effective resolution than traditional litigation or mediation. Before entering into any contractual agreement, it’s crucial to understand the arbitration clauses within it. Once you do, you can make informed decisions and ensure that arbitration is an equitable and effective means of resolving your particular disputes.

Understanding Arbitration Clauses

An arbitration clause is a contractual provision or agreement in a contract or legal document that stipulates that any disputes or disagreements arising from that contract will be resolved through arbitration rather than traditional litigation in a court of law.

This clause outlines the specific terms and conditions under which arbitration will take place, including details such as:

The choice of arbitrator;
How the arbitration process will run;
The location for the arbitration;
Other relevant rules and procedures.

It serves as a legally binding agreement between the parties involved, specifying how disputes will be resolved if they arise. Arbitration clauses are commonly found in various types of contracts and move the authority to resolve a dispute from the Court system to an arbitrator.

Why Negotiate Arbitration Clauses?

Choice of Arbitrator: One of the key outcomes of a negotiation is to specify the criteria for the selection of the arbitrator.
Cost Control: You can specify how arbitration expenses will be divided between the parties, which can provide financial certainty.
Procedural Rules: Negotiation can determine the procedural rules governing the arbitration process, such as the location, timeline, how evidence is submitted to the arbitrator and when it will be submitted.

Negotiation Strategies For Arbitration Clauses

Now, let’s explore negotiation strategies to develop the arbitration clauses themselves.

#1: Early Discussion

Start discussing the arbitration clauses as early as possible during contract negotiations. By addressing it upfront, you set the tone for open communication and demonstrate your commitment to a fair resolution process. Parties are often more willing to consider changes before the contract is finalized.

#2: Specify the Governing Law

In Calgary, the governing law can significantly impact arbitration outcomes. Negotiate to specify the governing law that will apply to the arbitration proceedings. For example, you may wish to emphasize that the governing law will be that of the Province of Alberta. If the law will be other than the jurisdiction in which you reside, make sure to have your whole contract reviewed by a lawyer in that other jurisdiction to ensure it is legally compliant and you are not met with any surprises.

#3: Arbitrator Selection

Negotiating who the arbitrator will be is critical. You can propose a list of preferred arbitrators or a specific arbitration institution. Ensure that the arbitrator has relevant expertise in the contract subject matter.

#4: Cost Allocation

The allocation of arbitration costs between parties to the contract is a pivotal aspect of negotiation. Is one party paying the entire cost of arbitration? Are they paying it up-front, with the arbitrator having the ability to apportion costs at the end of the arbitration? Is each party paying half? Consider specifying that the losing party bears all or a portion of these costs, which can act as a deterrent against frivolous claims.

#5: Discovery Procedures

Negotiate the scope of discovery procedures (i.e. the questioning of each party by the other party’s lawyer). Determine the extent to which parties can request documents and information from each other. Clarity on discovery can streamline the arbitration process and reduce costs.

#6: Location & Timeline

Define the location of arbitration hearings and the timeline for the proceedings. Specifying these details in advance can help avoid logistical complications and unnecessary delays.

#7: Appeal Rights

Discuss the scope of appeal rights. Some arbitration clauses may stipulate that the decision is final and binding with no room for appeals. Others may allow for limited appeals on specific grounds. Ensure the ability to appeal.

#8: Confidentiality

Negotiate the confidentiality of arbitration proceedings. Determine whether the proceedings and the award will be confidential, as public disclosure may affect your business or your reputation.

#9: Mediation Before Seeking Arbitration in Calgary

Consider including a mediation requirement before proceeding to arbitration. Mediation in Calgary has a lot of success in amicably resolving disputes without having to resort to an arbitrator who may not make a decision(s) that you like.

#10: Termination Clause

Include a termination clause that outlines the circumstances under which the arbitration clause can be terminated or amended.

Confused with Clauses? Seek a Lawyer For Arbitration in Calgary

Negotiating arbitration clauses is a strategic process that requires careful consideration of various factors. By proactively addressing key aspects such as arbitrator selection, cost allocation, and procedural rules, you can tailor the arbitration process to your specific needs and preferences. Remember that consulting with legal professionals experienced in arbitration in Calgary can be invaluable in effectively navigating the intricacies of arbitration clauses and contracts.

When resolving disputes through mediation in Calgary, choosing the right mediator can make all the difference. Mediation is a highly effective method for conflict resolution, but the success of the process largely depends on the skills and qualities of the mediator. From experience to communication skills, understand the key factors to consider and ensure you find the perfect mediator.

The Right Professional For Mediation in Calgary: What to Consider

#1: Experience & Expertise

Mediation is a nuanced process. It is essential to select a mediator with the necessary experience and expertise. Look for a mediator well-versed in the specific dispute you’re dealing with.

A good way to narrow down a mediator in Calgary is to consider the following:

Review Their Track Record: Ask about the mediator’s track record by assessing their experience in handling cases similar to yours. A mediator who has successfully resolved numerous disputes in a specific area, such as family mediation or business disputes, is more likely to have the expertise you need.
Inquire About Case Load: Consider whether the mediator has a manageable caseload. A mediator who juggles too many cases simultaneously may need more time and attention to your dispute. Ensure they can give your mediation their undivided attention..
Check for Professional Affiliations: Look for memberships in professional organizations related to mediation. Membership often indicates a commitment to professional development and ethical standards.
Consider Online Reviews: In today’s digital age, you can often find a mediator’s online reviews and testimonials. While these should be considered cautiously, they can provide additional insights into a mediator’s reputation and client satisfaction.
Interview the Mediator: Arrange an initial consultation or interview with the mediator. It’s an opportunity to discuss your case, ask questions, and assess their approach and demeanour.

#2: Ethical Standards & Confidentiality

Ethical standards are non-negotiable in mediation. Ensure that your chosen mediator adheres to a strong code of ethics, which includes maintaining confidentiality. Mediation discussions are private and a mediator should never disclose information shared during sessions without the parties’ consent. This commitment to confidentiality is crucial for creating an environment where participants feel comfortable discussing sensitive matters.

#3: Transparent Fees & Accessibility

Mediation should be a cost-effective alternative to litigation. It is essential to understand the fee structure upfront. Reputable mediators in Calgary are transparent about their rates and any additional costs involved. Accessibility includes the mediator’s availability and willingness to accommodate your schedule and needs.

Core Soft Skills For Mediation in Calgary You Should Consider

Many naturally assume mediators have amazing soft skills. However, that’s not always the case. Technically, soft skills are non-technical skills that relate to how you work. That said, you want to ensure they meet the following criteria:

#1: Neutral & Impartial Approach to Mediation in Calgary

One of the fundamental principles of mediation is neutrality. A skilled mediator should maintain an unbiased and impartial stance throughout the process. That means they don’t take sides or impose their opinions or judgments on the parties involved. When searching for mediation in Calgary, prioritize individuals who demonstrate a strong commitment to neutrality, as it ensures a fair and balanced mediation environment.

#2: Problem-Solving & Conflict Resolution Skills

A mediator should possess strong problem-solving and conflict-resolution skills. They should be capable of helping the parties identify common interests, brainstorm creative solutions, and navigate obstacles that may arise during the mediation process. Experienced mediators are adept at finding mutually beneficial outcomes and guiding parties toward resolution.

#3: A Well-Rounded Communicator

Effective communication is at the core of successful mediation. A mediator must be an adept communicator who can facilitate constructive dialogue between the parties. Look for a mediator who listens actively, asks probing questions to uncover underlying issues, and can convey information clearly and concisely. Skilled communication fosters understanding and helps the parties work collaboratively toward a resolution.

#3: Empathy & Patience

Empathy and patience are invaluable qualities in a mediator. Conflict often arises from deep-seated emotions; a mediator must be empathetic and patient in dealing with these feelings. They should create a safe space where participants feel heard and understood. Empathy helps build trust, while patience allows for exploring all relevant issues without rushing to conclusions.

#4: Flexibility & Adaptability

Every dispute is unique, and a one-size-fits-all approach rarely works in mediation. A proficient mediator should be flexible and adaptable, tailoring their approach to the specific needs of each case. They should also be open to adjusting strategies as the mediation process evolves, ensuring that it remains responsive to the changing dynamics of the dispute.

Good Mediation in Calgary Starts With Finding a Professional

Choosing the right mediator for your dispute is a crucial decision that can significantly impact the outcome of the mediation process. By carefully considering what to look for in a mediator, you can make an informed choice and increase the likelihood of a successful and satisfactory mediation experience. You can rest assured with the perfect fit that ensures a smoother path to resolution and a brighter future for all parties involved.

If you are a parent seeking full custody of your child, you may face one of your life’s most difficult and emotionally challenging situations. Obtaining full custody of your child takes work, especially if your ex-partner is contesting your request. However, with the right strategies and guidance from family lawyers in Calgary, you can increase your chances of success. Learn the best ways you can obtain full custody of your child here.

What Does Full Custody Entail?

Full custody, also known as sole custody, means that you are the only parent responsible for making major decisions for your child and providing their primary residence. The type of decisions a parent with full custody has the legal authority over a child’s education, healthcare, and religion. Despite this, it’s important to note that the other parent is still entitled to access the child unless there is a court order stating otherwise. If not, Alberta family law typically encourages both parents to be involved in their child’s life, even if one parent has full custody.

Understanding Full Custody & Access Rights

It is important to note that full custody does not necessarily mean that the other parent is completely excluded from the child’s life. The court may order access or visitation rights for the other parent or joint custody if it is in the child’s best interests. Access can take many forms, which can include the following:

Visitation
Communication
Information-sharing.

The court will consider the child’s best interests when determining access arrangements.

Tips on Obtaining Full Custody By Family Lawyers in Calgary

Tip #1: Demonstrate You’re the Primary Caregiver

Demonstrating yourself as the primary caregiver to your child can heighten your chances of obtaining full custody. You would be considered your child’s primary caregiver by exemplifying how you’re responsible for their daily care, schooling, and medical needs. It’s possible to build a stronger case for full custody by documenting your involvement in your child’s life, including their schedules, doctor visits, and school activities. By showing you’re providing for your child in these ways, it reflects well as being the best suited to make decisions on their behalf.

Tip #2: Provide a Stable, Safe Home Environment

Another important factor in obtaining full custody of your child is providing a stable and safe home environment. As a parent vying for full custody, you must prove you can provide for their basic needs, such as:

Food
Clothing
Healthcare

If you demonstrate that you have a stable home environment and can provide for your child’s needs, the court may be more likely to award you full custody. However, if you have concerns about your living situation or need to improve your home, it is important to do so before pursuing custody.

Tip #3: Maintain a Positive Relationship with Your Child

Maintaining a positive and loving relationship with your child is crucial in obtaining full custody. If you’re a parent seeking full custody, you should naturally try spending quality time with your child, being involved in their activities, and showing them that you care. However, if your child is old enough to express their preferences, the court will also consider their views.

Tip #4: Seek Legal Advice & Support From Family Lawyers in Calgary

Navigating the legal system can be complex and daunting – especially family law. If you are seeking full custody of your child, it is important to seek legal advice and support from family lawyers in Calgary. They can help you understand your legal rights and obligations to guide you through obtaining full custody. Also, they can represent you in court and negotiate with your ex-partner or their lawyer on your behalf.

Tip #5: Consider Alternative Dispute Resolution Methods

Going to court is not the only option for obtaining full custody of your child. You can find alternative dispute resolution methods, such as arbitration or mediation in Calgary, to effectively resolve disputes without going to court. If you seek mediation in Calgary, a neutral third party can help you and your former partner reach a mutually acceptable agreement. Meanwhile, choose arbitration if you want a neutral third party who decides for you and your former partner based on the evidence presented. These methods can be less stressful and more cost-effective than going to court and may result in a more satisfactory outcome.

Responsibilities & Obligations After Obtaining Full Custody

If you are granted full custody of your child in Alberta, it is important to understand your legal responsibilities and obligations. You must make decisions in your child’s best interests and ensure that the other parent has access to the child if allowed by the court. Failure to comply with court orders or to act in your child’s best interests can result in legal consequences, including a change in custody arrangements.

Finding effective methods to resolve disputes is crucial in a world where conflicts are inevitable. For many, a common route is seeking mediation in Calgary since it’s proven to be a valuable tool for resolving conflict more efficiently and amicably, be it a family law issue, a business issue, or another type. So, what are the hallmark advantages of mediation? Find out the most common reasons people turn to mediation here.

5 Benefits of Seeking Mediation in Calgary

#1 Benefit: Cost-Effective Resolution

Mediation conducted by a lawyer offers cost-effectiveness due to several factors:

Lawyers offering mediation often charge lower hourly rates than their standard legal services fees;
There is a shared cost model in mediation, where all parties involved contribute to the expenses, which proves more economical than each party individually hiring their own lawyer. Mediation also avoids the imposition of substantial court costs, a characteristic of litigation in Calgary;
The flexibility inherent in mediation allows for innovative solutions not readily available in a courtroom setting, which would be bound by legislation and common-law principles.

It is to anyone’s advantage to conduct your own research and cost comparisons when selecting a mediator, as fees may vary based on the location of the mediator and their years at the Bar/experience.

Benefit #2: Time Efficiency

Time is of the essence, especially when disputes disrupt personal or business relationships. By turning to mediation, you can sidestep the lengthy court procedures associated with litigation. Mediation, on the other hand, is typically known for resolving disputes quickly. Since parties can also schedule mediation sessions at their convenience, it further expedites the process rather than attempting to obtain time in a court calendar. If your time is precious, mediation offers a way to resolve swiftly, enabling all parties to move forward to their new futures.

Benefit #3: Control & Flexibility

As mentioned above, mediation empowers parties by allowing them to control the dispute’s outcome through creative solutions not found in court. The process requires active participation to obtain an outcome that can be mutually acceptable rather than a clear win or a clear loss. All mediations are held “without prejudice”, meaning the parties can express positions and views that will not be permitted to be included in any affidavits or other Court proceedings, nor will the mediator be called a witness. Going to Court will result in a decision imposed upon the parties, whereas mediation will result in a decision crafted by the parties themselves.

Benefit #4: Mediation in Calgary Offers Confidentiality

Mediation is confidential since it is held in a private setting, typically in a boardroom. It can also be kept confidential from disclosure to third parties if each party signs a confidentiality agreement and it is also signed by the following:

Both parties’ lawyers;
Witnesses;
Those likely to come into contact with confidential information generated during the process.

The confidential setting avoids disclosure of personally private and financial information that could potentially harm the parties’ reputations.

Benefit #5: Preservation of Relationships

In many cases, disputes arise between parties who will have an ongoing relationship. It could be between family members, business partners, or colleagues. Mediation can potentially preserve those relationships based on the following:

Mediation avoids making judgments of fault, a crucial factor in preserving amicable relationships, especially in divorce mediation;
The process encourages improved communication, which can be perfect for family mediation. Why? It strengthens relationships by helping each party understand their respective perspectives and concerns;
Mediated settlements are structured to address the interests of all parties involved, emphasizing the preservation of working relationships in ways that win/lose decision-making procedures cannot achieve.

In a city like Calgary, where business relationships can be the backbone of success, mediation addresses disputes while keeping the door open for future collaboration and cooperation.

Choose Peaceful Solutions By Seeking Mediation in Calgary

Whether you’re dealing with a family conflict, a business dispute, or any other form of disagreement, consider mediation in Calgary as a viable and advantageous option for achieving a peaceful and mutually satisfactory resolution. However, it is important to note that only some cases are suitable for mediation, and success rates can vary depending on the case’s complexity and the parties’ willingness to cooperate. Talk to an experienced mediation lawyer to see whether this is the best way to resolve your dispute.

Recently, prenuptial agreements have been seeing an increase in popularity. Younger generations, particularly, have been going down this route before living together and tying the knot. For the best interests of soon-to-be-spouses wanting to become potential parents, it is beneficial to learn about child support and whether it is appropriate to include it within a prenuptial agreement. Find out everything you need to know here before contacting a child support lawyer in Calgary.

Understanding Prenups with a Child Support Lawyer in Calgary

What is a Prenuptial Agreement?

A prenuptial agreement or “prenup” is a legal agreement entered into between two people prior to marriage. This agreement may outline how property is owned, and by whom, during the marriage as well as how property and debts will be divided in the event of separation or divorce. Such agreements can modify the default provisions for addressing property division in a divorce or separation under the Alberta Family Property Act. The default provisions typically result in an equal division of assets between the parties but this may not be what each of the parties want.. Although entered into before marriage, a prenuptial agreement only becomes effective and enforceable after separation.

Can You Exclude Child Support in a Prenup?

One issue that family lawyers in Calgary continually address in prenups is the parenting of children and particularly child support for them. Specifically, can you include in your prenup that you won’t have to pay child support if you and your spouse have children and later separate or divorce? The short answer is almost always “no”. It would not be a legally-binding agreement if it said that no child support would be payable from one party to the other. Under Canadian law, child support is the right of the child – not the right of the parents. What exactly does this mean? It means that in almost all cases, parents cannot make an agreement that removes or limits a child’s right to receive support; any clauses in the agreement that would purport to do so would be unenforceable.

What Is Included For Child Support in a Prenup?

So, what can you include if you can’t waive or vary the right to the payment of child support in a prenup? The answer is that you can address how child support will both be calculated and paid. For example, you could set out how income will be determined for calculating support or specify the frequency and payment method.

It’s important to note, however, that even if you address child support concerns in your prenup, those will only be enforceable if they are consistent with the law in place at the time the agreement comes into effect. That means that if the prenup sets out a child support arrangement significantly different from what would then be ordered by a court, it may not be enforceable.

For example, let’s say you and your spouse agree in your prenup that you will pay a fixed amount of child support each month, regardless of your income or your child’s needs. If you later separate and the court determines that the appropriate amount of support is higher than the fixed amount you agreed to in the prenup, you may be ordered to pay the higher amount. To ensure that your agreement has a higher likelihood of being enforceable when it comes to issues of child support, we recommend that you seek legal advice from a family lawyer in Calgary who can assist you.

Parenting arrangements for children are one of the first hurdles parents face when separating. The second is the matter of child support and who pays it. As joint parenting is becoming increasingly common, parents need to understand how such arrangements can affect child support payments. Learn everything you need to know about how joint parenting affects child support and how a child support lawyer in Calgary can help in such matters here.

Insight From a Child Support Lawyer in Calgary on Joint Parenting

Understanding Joint Parenting in Alberta

Child-related definitions are constantly changing in Canada and so it is important to consult with family lawyers in Calgary in order to decide which positions to take in your lawsuit. For example, while the ordinary person would consider the word “custody” to mean physical control or possession of a child or a piece of property, the law in respect of children referred to “sole custody” or “joint custody” in respect of which party had the ability to make important decisions in a child’s life. Today, we call that sole or joint decision-making power or ability.

So too, have terms like “prime custodial care”, “primary parent”, “access parent” and “shared parenting” been replaced with “parenting”. Until there is an Order in place to the contrary, each party has joint decision-making ability over their children as well as a joint entitlement to parent the children.

Differences in Parenting

Without an Order, parties would have joint decision-making power and the amount of parenting that the parties agree to apportion between themselves should take into account the practical realities of their employment and the children’s needs. For example, if one party works for significant periods from out of town, it is not practical for each party to have 50/50 shared parenting time with the children.

If the parties can demonstrate the ability to communicate in a cordial manner for the benefit of their children, the Courts are likely to grant joint decision-making power, for major decisions, to both parties. If they cannot, the Court may decide that one party will have sole decision-making power and that person may not even have the requirement to consult with the other party if the acrimony between them is too great.

Expectations of Different Parenting Combinations

Courts take into consideration all of the parties’ circumstances when making a Court Order regarding the division of parenting on a day-to-day basis and when dividing holidays and other special occasions. While 50/50 shared parenting is becoming more and more the norm, one should not enter into a legal process with the expectation that this will always be the case. There is all manner of parenting combinations that a Court could order, including parenting solely confined to a weekend for one of the parties and during the work week for the other.

Even 50/50 shared parenting itself can achieve equality in different ways and does not necessarily mean that children would spend one week with one parent and then switch the next week to the other parent, and so on. Regardless of the amount of parenting granted to each party, that party will have the ability to make non-major, day-to-day decisions pertaining to the children when in their respective care.

How Does Joint Parenting Affect Child Support?

Pursuant to the Federal Child Support Guidelines for Alberta, the amount of child support payable, and by whom, is based on the number of children and the time each party parents the children.

Generally speaking, the party with the least amount of parenting time with the children is responsible for paying child support to the other. That child support will be based on two components:

(1) a monthly amount based solely on the payor’s Guideline Income (what we call section 3 support) and
(2) a monthly amount towards net extra expenses (called section 7 expenses) which both parties contribute towards in proportion to their respective Guideline Incomes.

Changes to Child Support

Sometimes, the amount of child support may change when a party has 40% or more of the total parenting time with the children. Child support may then be based on three components:

(1) a calculation of a monthly amount payable by one towards the other based on each party’s Guideline Income and setting off these calculations so that the higher earning party pays the difference (what we call section 9 support)
(2) a monthly amount towards net extra expenses (called section 7 expenses) which both parties contribute towards in proportion to their respective Guideline Incomes
(3) proportionate sharing of other expenses, including but not limited to such items as school fees, bus passes and clothing.

Why the difference? Well, a party that has the children a greater amount of time for parenting receives a higher amount of child support and is expected to pay out the children’s other expenses from this money. However, if the parties have closer to 50/50 shared parenting, it is inequitable for one party, who is now not receiving a higher monthly child support payment, to be out-of-pocket for these other expenses. That would leave one party disproportionately supporting the children to their financial detriment.

How Can a Child Support Lawyer Help?

While people tend to like cookie-cutter solutions, many family lawyers in Calgary know that child support is not necessarily cut-and-dry when shared parenting situations come into play. Your solution may not be similar to that experienced by a friend or a friend of a friend, etc. Every family is considered unique and a child support lawyer in Calgary can advise what your current entitlements to support may be and how that might change in the future if there is a material change in circumstances. Your lawyer’s goal is to ensure that the amount of child support you receive is what you are entitled to by law whether that is achieved through negotiation or Court application.

Any child support lawyer in Calgary can tell you that custody battles can be an emotionally taxing experience for both parents involved. Knowing and understanding the dos and don’ts of a child custody battle is important to ensure the best outcome for all parties involved. By adhering to the appropriate protocol and steps, you can ensure that your rights as a parent are respected and that your child’s best interests are at the forefront of all decisions. Learn the do’s and don’ts of a custody battle here.

The Do’s & Don’t of Custody Battle By a Child Support Lawyer Calgary

Do’s of a Custody Battle

Regarding a custody battle, certain steps and protocols must be followed to ensure you’re promoting your child’s best interests to heart. Here are some of the dos of a custody battle:

Hire a Qualified Lawyer – The first and most important thing to do in a custody battle is find family lawyers in Calgary. Having a lawyer on your side during this process is essential as they can provide advice and guidance on the best action to take. With family lawyers in Calgary having specialized knowledge of family law, they can effectively provide representation in court and help ensure your parental rights are respected. Plus, by hiring a child support lawyer in Calgary, you can ensure you get much-needed child support from a spouse.
Gather Evidence – It is important to gather evidence to support your case. That can include birth certificates, school records, medical records, and other relevant information supporting your case. Having all this information on hand can make the process of custody filing much smoother and help ensure your rights as a parent are respected.
Remain Calm – The best mindset is to remain calm and composed during a custody battle. The process can be stressful and emotionally taxing. Still, it is important to stay level-headed and logical to ensure that your child’s best interests always come first.
Be Patient – A custody battle can take some time, which is why patience is important throughout the process. The process ensures everything is accounted for in your child’s best interests. With an important decision like this, it’s better to be patient with the Court taking time to deliberate on the matter than be upset by a rushed decision.
Be Flexible – It is important to be flexible during the process of a custody battle. The court may make decisions that are outside your expectations, and it is important to remain open-minded and flexible to ensure that the best outcome is reached for all parties involved.

Don’ts of a Custody Battle

In addition to the dos of a custody battle, certain steps and protocols must be avoided to ensure you don’t end up not getting the rights you want and, worse, not thinking of your child’s interests.

Using Your Child as a Messenger – It is important to avoid using the child as a messenger between you and the other parent. Having parents split up is already tough enough, but it becomes even harder when there is a tug-and-pull between parents. In turn, it creates unnecessary stress that can damage their mental and emotional well-being.
Make Unfounded Allegations – One of the worst things you can do during a custody battle is making unfounded allegations about the other parent. Making baseless allegations can damage the other parent and be emotionally taxing for the child.
Engage in Unnecessary Legal Disputes – It might seem like a good idea to engage in certain legal disputes, but it won’t favour you in a custody battle. Unnecessary legal disputes can be costly, time-consuming, and damaging to the child.
Ignore the Court’s Advice – Nothing ruins your chances in a custody battle than not following the Court’s advice. Depending on the advice, it can damage your child and the case overall.
Violate Court Orders – Even worse than ignoring Court advice is violating Court orders. When these are broken, it ruins your chances in your case since it’s completely negating your child’s best interests.

A big concern when a couple gets divorced is deciding on the custody of their children. The situation becomes even more difficult when there is high conflict between former spouses. Such a predicament can lead to needing a child support lawyer in Calgary to handle a high-conflict custody case. Yet, what does a high-conflict custody case entail? Find out everything you need to know here and what guidance from family lawyers in Calgary can give.

Understanding High-Conflict Custody Cases From a Child Support Lawyer in Calgary

What is a High-Conflict Custody Case?

A high-conflict custody case is a situation where the parents cannot agree on custody arrangements or the sharing of custody. This situation is usually characterized by hostility, distrust, and a lack of communication. The parents may not see eye-to-eye on the children’s best interests and cannot come to a peaceful resolution. In these cases, the court will intervene and make the final custody decision. When a couple is in a high conflict situation, it is important to get the right legal representation to manage the situation. Good family lawyers in Calgary can help ensure that the children’s best interests are considered when making custody decisions.

The Different Types of Custody Agreements

When a couple is in the middle of a high-conflict custody case, it is important to understand the different types of custody agreements available. The four main types of custody agreements are joint legal custody, joint physical custody, sole legal custody, and sole physical custody.

Joint legal custody means that both parents have the right to make decisions regarding the children’s health, education, and welfare.
Joint physical custody means the children will split their time living with each parent.
Sole legal custody means that only one parent has the right to make decisions about the children.
Sole physical custody means that the children will only live with one parent.

A child support lawyer in Calgary can help the parents to determine which type of custody agreement is best for their family.

The Legal Process of a High-Conflict Custody Case

The legal process of a high-conflict custody case is usually long and complicated. The first step is filing a court petition explaining why the couple is seeking a custody arrangement. The court will then review the petition and make a custody decision. After the court has decided on custody, the parents must create a parenting plan outlining the arrangements. The parenting plan should include visitation schedules, child support, communication rules, and decision-making authority. Once the parenting plan is in place, the parents must submit it to the court for approval. If the court approves the parenting plan, it will be legally binding and enforceable.

Role of a Child Support Lawyer in a High Conflict Custody Case

A child support lawyer can play an important role in a high-conflict custody case. Your lawyer can help mediate the dispute between the parents and ensure that the children’s best interests are considered when making custody decisions. Furthermore, they can also help draft a fair custody agreement for both parties and ensure that the agreement is legally binding. Naturally, a child support lawyer can provide sound advice regarding the legal process of a high-conflict custody case and help guide parents through the process. With their expertise, they can help to ensure that the process is as smooth as possible and that the best possible outcome is achieved.

When couples decide to separate, there are a variety of legal issues that need to be addressed. These issues include parenting arrangements, support payments, and the division of assets and debts. The typical legal routes couples take are either seeking a divorce or separation agreement in Calgary. Yet, unlike divorce, is it necessary to hire family lawyers in Calgary to handle a separation agreement? Find out everything you need to know here.

What’s Needed For a Separation Agreement in Calgary

Before seeking a separation agreement in Calgary, former couples must understand what’s required. According to Alberta laws surrounding separation agreements, both parties must equitably address and handle the following issues:

Division of property/assets between you and how and when that will be completed;
Allotment of any family debts between you and who remains responsible for a portion(s);
Parenting time with children;
Child/spousal support.

You and your former partner must be transparent by providing full financial disclosure with financial records to help determine how to split assets. As a legally binding contract, you want to take your time compiling a separation agreement since you may overlook certain unaddressed aspects.

Navigating An Agreement Without a Lawyer

In Alberta, it is legally possible for you and your former significant other to write a separation agreement without needing family lawyers in Calgary. However, you need to ensure its validity. If not, it won’t be considered legal.

The following parts listed are mandatory in current legislation:

A witness for each party’s signature;
Each witness swears an affidavit of witness in front of a commissioner for oaths;
Each party has their own lawyer acknowledging that they provided independent legal advice;
Each party acknowledges that they signed the document separately from the other and were not under any duress in signing.

If you and your former partner miss these requirements, your separation agreement is not legal. That’s why even though you don’t need a lawyer for a separation agreement, it’s generally highly recommended that both parties hire their own lawyer.

The Ramifications of An Agreement Without a Lawyer

A separation agreement is a legally binding contract. It’s important to emphasize this since it is unlikely that a Court would permit you to modify a signed separation agreement in the future. Why is that? From the Court’s perspective, you had ample opportunity to disclose and receive a disclosure at the outset. Without a keen understanding of the law, you can easily overlook important aspects that can impact your rights and entitlements from the present to the future.

When you have a lawyer, they can help ensure that the agreement is fair and balanced and that all relevant topics are addressed. With their expertise, a lawyer can provide proper advice on the legal implications of the agreement and can ensure you understand your rights and obligations. As a result, you can rest assured that your separation agreement is done right and also right by you and your former significant other.