Family courts can seem overwhelming and confusing for people going through difficult legal situations.
Many myths and misconceptions about family court procedures in Edmonton and Alberta can lead to unnecessary stress and poor decisions.
Understanding the reality behind common family court myths helps you make informed choices and work more effectively with your legal team.
Common Myths About Custody Rights
Mothers do not automatically get full custody of children in Alberta family courts.
Courts make custody decisions based on the best interests of the child, considering factors like parental capability, living situation, and existing relationships.
- Both parents have equal rights to seek custody
- Joint custody arrangements are common when both parents are capable
- The court considers each case individually
Financial Misconceptions
Child support amounts are not negotiable or optional – they follow strict guidelines based on income.
Hiding assets or income during divorce proceedings can result in serious legal consequences.
- Support payments are calculated using the Federal Child Support Guidelines
- Both parents must provide complete financial disclosure
- Courts can impute income if someone is deliberately underemployed
Court Process Facts
Not all family law matters require a court trial.
- Mediation is often mandatory before court proceedings
- Many cases settle through negotiation
- Alternative dispute resolution can save time and money
Legal Representation Requirements
You are not required to have a lawyer in family court, but self-representation can be challenging.
- Free legal resources are available through Legal Aid Alberta
- Edmonton Community Legal Centre offers support: 780-702-1725
- Duty counsel can provide limited assistance on court days
Moving Forward with Your Case
For specific guidance about your family court matter, contact an Edmonton family lawyer or Legal Aid Alberta at 1-866-845-3425.
The Edmonton Law Courts provide family court services at 1A Sir Winston Churchill Square, Edmonton, AB T5J 0R2.
Remember that each family situation is unique, and getting professional legal advice early can help protect your rights and interests.
Timeline Expectations
Family court proceedings rarely resolve quickly, contrary to popular belief.
- Simple matters may take 3-6 months
- Complex cases can extend beyond a year
- Emergency protection orders can be obtained quickly when needed
Evidence and Documentation
Courts require proper documentation and evidence to support claims.
- Keep detailed records of all interactions
- Document expenses related to children
- Save relevant emails, texts, and communications
- Maintain a parenting journal if custody is contested
Common Procedural Mistakes
Avoiding basic errors can help your case proceed more smoothly.
- Missing court deadlines
- Failing to serve documents properly
- Not following court etiquette
- Making emotional decisions instead of legal ones
Taking Positive Steps Forward
Understanding family court realities helps create better outcomes for all parties involved.
- Focus on facts rather than emotions
- Keep children’s interests at the forefront
- Maintain respectful communication
- Seek professional help when needed
Visit alberta.ca/family-justice for additional resources and information about family court services.
FAQs
1. Do judges always favor mothers in child custody cases in Alberta?
No. The Alberta Courts base custody decisions on the best interests of the child, considering factors like parental ability, stability, and the child’s relationship with each parent, regardless of gender.
2. Is it mandatory to go to court for divorce in Edmonton?
No. Many divorces in Alberta can be settled through mediation, collaborative law, or negotiation. Court appearances are only necessary when couples cannot reach agreements on important issues.
3. Do all assets get split 50/50 in an Alberta divorce?
Not necessarily. While matrimonial property is generally divided equally, factors like pre-marriage assets, inheritances, and gifts may be exempt from division under the Matrimonial Property Act.
4. Can I deny access to my ex-spouse if they stop paying child support?
No. Child support and parenting time are separate issues under Alberta law. Denying access due to unpaid support can result in legal consequences.
5. Is a common-law separation the same as divorce in Alberta?
No. Common-law partners don’t need to get divorced, but they still have rights and obligations regarding property division and support under the Adult Interdependent Relationships Act.
6. Do I need a lawyer to get divorced in Edmonton?
While not legally required, having a lawyer is recommended for complex cases involving children, significant assets, or disputed issues. Simple uncontested divorces can be handled without legal representation.
7. Can grandparents sue for visitation rights in Alberta?
Yes. Under the Family Law Act, grandparents can apply for contact with their grandchildren, but they must obtain permission from the court to make the application.
8. Does adultery affect property division in an Alberta divorce?
No. Alberta follows a no-fault divorce system, meaning misconduct like adultery doesn’t impact property division or support obligations.
9. Can I move away with my children after divorce without my ex’s permission?
No. Significant moves affecting parenting time require either the other parent’s consent or a court order modifying the parenting arrangement.
10. Is mediation mandatory before going to court in Edmonton family matters?
Yes, in most cases. The Alberta courts require parties to attempt dispute resolution before proceeding to trial, except in cases involving domestic violence or urgent matters.
