PROTECTION ORDERS ALBERTA

EMERGENCY PROTECTION ORDERS

Rules:

The family violence MUST be serious and immediate and now

Ask what is the extreme emergency now
Ask if there is evidence of family violence within last 30 days
-does the client believe their life is in danger

-Make an application at Family Justice Desk 7th floor south tower clerk will
fill out part of application with client then arrange to see Maria Rainer Family Justice lawyer south tower at 9am or 12 pm
– client will sign off EPO application with Maria at Family Justice

-EPOS and interim Parenting order application can be done at same time at Family Justice Office 7 floor though its better to do this in am
-EPO can be requested anytime by police
-Request if abuser breaks order to have him arrested
-EPO will be reviewed within 9 days in Queens bench then a restraining order may be issued for up to 1 year
-register the EPO order with the police give a copy to police station
-ask the police to serve the order on abuser make sure you confirm they are going to do this
-make sure to give police authority to arrest abuser if order is broken
-have client carry copy of this order with them at all times and give a copy to children’s school principal
-the order can allow for the police to accompany a person to the residence to collect personal belongings
-the abuser is referred to as respondent and client as claimant
-go to legal guidance for representation at review by Queens bench judge within 9 days with all parties present
-make sure to contact lawyer assigned to you
-you may represent yourself in family court
-bring a record of all matters pertaining to case with you
EPOs are only enforceable in the province within which they were granted

RESTRAINING ORDER EX PARTE

Purpose:

To restrain a person from engaging in abusive activities such as assault, property damage, threats to harm or ill, harassment and stalking
Prevents individual from calling, emailing, or texting or otherwise coming into contact with claimant and children at her residence , place of employment or anywhere else in Alberta

RO cannot remove Mr from a shared residence only an EPO can
ROs are only enforceable in Alberta
-parenting orders can be made at the same time
-Queens bench does restraining orders 6th floor
-get lawyer at legal aid 7th at 8th across from Macs
-ex parte orders can be made with out partners consent
-you can do it yourself or with a lawyer
-if you do it yourself you are responsible of serving the order on the abuser
-the court will not automatically order specific terms of an order i.e. make sure the police have the power to arrest abuser if he breaks terms of the order
-client must have real and valid reasons for getting the order without husband present ie stalking, elder abuse, verbal abuse etc

-This order keeps him from her but he could pick up the child @ school so get an ex parte parenting order

prepare application form

prepare the order

make 3 copies plus original plus exhibits
· -prepare for court

· -bring pen and paper

· -copies of application ex parte restraining order

-attend court
Go to chambers office
Chambers clerk will file application form
-ex parte orders are heard in 1205 @10am

4. – file and serve the ex parte Restraining order

-make 4 copies plus original-certified copies can be identified by the embossed seal

-serve the respondent with process server set up by referring counselor

-copy the affidavit of service and make 2 copies

-file the affidavit of service original and copies of affidavit of service with chambers office

give the ex parte restraining order to the police

-provide complete and accurate description of respondent fill in statement description

-register with police

KEEP ORDER IN YOUR POSSESSION AT ALL TIMES

5. The review

-prepare for court

-attend court

-file order

Make 4 copies

-serve order

Referring counselor must arrange for process server

-deliver to police

EXTENDING OR TERMINATING A RESTRAINING ORDER

-see a lawyer

PARENTING ORDER

Note:

It is very very rare for the courts to suspend all contact between a dada and children Courts usually grant supervised visits with the children in all but the most extreme and most violent cases

There will no longer be any reference to “custody” and “access”. Parenting orders are new to family law and encourage both parents to be involved with the child in most cases.
The court may make a parenting order when a child has more than one guardian (usually parents) who live apart and need assistance to cooperate in raising the child. A parenting order can allocate parenting time and parenting responsibilities between the parents. A parenting order sets out how decisions about the child are to be made, and how the child’s time is shared between the parents. As the Family Law Act does not use the term “access,” a guardian’s time with a child is now called “parenting time”.
· The court can order that a parent’s (guardian’s) time with a child be enforced. “Access Enforcement Orders” has been changed to enforcement of time with a child. This applies to parenting orders, contact orders, and access and custody orders issued under the Divorce Act, the Provincial Court Act, or the Domestic Relations Act.

-ex parte PO orders can be made with out partners consent
-get PO application at Family Justice desk 7th floor south tower
-you must testify that the Childs life is in danger or the respondent has abused the child
-you can do it yourself or with a lawyer
-if you do it yourself you are responsible of serving the order on the abuser
-the court will not automatically order specific terms of an order i.e. make sure the police have the power to arrest abuser if he breaks terms of the order
-make sure you bring the addresses of children’s school

1. prepare the application form that will determine how decisions re children are made and time parents spend with child

prepare the order ex parte orders are heard in 1205 @10am

2. see family court counselor

3. -order must remain on person of client

4. -order will determine allocation of parent time and responsibility focusing on child’s best interest there are penalties for non compliance

5. make 3 copies plus original plus exhibits

-prepare for court

-bring pen and paper

-copies of application ex parte restraining order

6. -attend court

7. Go to chambers office

8. Chambers clerk will file application form

9. file and serve the ex parte parenting order

10. -make 4 copies plus original-certified copies can be identified by the embossed seal

11. -serve the respondent with process server set up by referring counselor

12. -copy the affidavit of service and make 2 copies

13. -file the affidavit of service original and copies of affidavit of service with chambers office

14. give the ex parte parenting order to the police

15. -provide complete and accurate description of respondent fill in statement description

16. -register with police

CONTACT ORDER

· A “contact order” addresses the ability of grandparents and others who are not guardians to spend time with the child A non-guardian’s time with a child is called “contact”.

· Under the Family Law Act, grandparents have an unrestricted right to apply for contact with grandchildren when parents are separated or one of the parents is deceased. Parents who are not guardians, or persons standing in the place of parents, (eg. step parents) may also have such an unrestricted right to apply for a contact order.

· All other persons must require approval of the court to apply for a contact order. They must outline the importance of their relationship to the child, and why it is necessary to have the contact order to stay in touch with the child.

· -a non guardian or step parent visitation rights

-time with a child can be enforced for benefit of child

PEACE BOND

Rules:
Issued instead of criminal charges and accused does not get a criminal record

-threats of bodily harm or damage to property
-issued by any judge effective for one year
-is an order from criminal court you do not need a lawyer
-you must make an appt with the justice of the peace to make your request who then sends the info to the crown prosecutors office who decides if there are grounds to ask a judge for a peace bond.
-a court date is set and your abuser is served with a summons to appear in court where you will speak to why you want this peace bond. A peace bond can last up to one year with specific conditions

WORKING IT OUT WITHOUT GOING TO COURT

· There are different ways (alternative dispute resolution), and services available to help you resolve all or part of the family conflict, and come to an agreement without having to go to court.

· For example, families who meet financial guidelines and have minor children may access mediation programs. Family Court Counsellors/mediators are available in various areas of the province to help couples with custody and access orders in Court. Self-referrals are accepted and you can call using the phone numbers listed below. You may also be referred to mediation by the Courts, Family Court Counsellors, lawyers or Legal Aid.

Family Justice Services offers mediation and Family Court counseling services. You can call:

Calgary: (403) 297-6981
Elsewhere in Alberta: (403) 340-7187 or Toll Free – 310-0000
If you are able to pay for mediation, there are also societies that maintain lists of practicing mediators for referral. Fees for these sessions vary according to the practitioner.

Alberta Family Mediation Society
1 (877) 233-0143
Website: http://www.afms.ca

ACCESS ENFORCEMENT

In Alberta, child access (or parenting time) and maintenance are treated as separate matters. If a debtor is not receiving access to his or her children, the Maintenance Enforcement Program (MEP) still requires child support to be paid. MEP also encourages creditors to live up to all court orders for parenting time or access, even if child support is overdue. In most cases, children greatly benefit from having contact with both parents. Parents who see their children are also more likely to make their maintenance payments.

Denying time with a child is a serious matter. Parents are urged to cooperate in promoting child access, especially as ordered by the courts. This information sheet lists services that can help parents when disagreements over visitation with children arise.

The Family Law Act sets out serious penalties that can be ordered by the court for parents who do not allow court-ordered access or parenting time. The police can be ordered to help enforce access. Additionally, parents who deny time with a child can be ordered to:

provide make-up visits
post security that will be lost if they continue to deny parenting time
pay money to the parent whose parenting time has been denied
pay a penalty of $100 per day of denied parenting time
go to jail
The Family Law Act provides these same remedies to custodial parents when children are not returned to them after visits. Additionally, custodial parents can ask the court for reimbursement of their expenses if the other parent fails to exercise parenting time ordered by the court.

All applications for access enforcement under the Family Law Act can be brought either in the Provincial Court of Alberta or the Court of Queen’s Bench (QB). In some cases, parents can also get help with access situations using the federal Divorce Act in Queen’s Bench. For more information on the Divorce Act, you should speak to a lawyer.

What do I need before I can bring a court application for access enforcement or enforcement of time with a child?
You must first have a court order that is specific as to when you can exercise child access, and you must have been denied this access.

An example of a court order specific enough to enforce is, “The parent shall have access to the children each Wednesday from 5:00 to 9:00 p.m. and every second weekend from Friday evening at 6:00 to Monday morning at 7:00 a.m.” Vague orders like “the parent shall have generous and liberal access” cannot be enforced without first being changed to be more specific.

Family Justice Services can help parents with access difficulties at no cost. Staff there offer the following services:

helping you get a more specific access or parenting order in Provincial Court if needed
directing you to free or low-cost help in getting a more specific order in the Court of Queen’s Bench, if you are not able to use Provincial Court
resolving the problem by speaking with both parents separately or by mediation
bringing an application in Provincial Court for enforcement of time with a child under Family Law Act. The counselor will help you to fill out the required paperwork and will go to court with both parents.
You may wish to hire a lawyer to assist you with an enforcement application or you may bring the application yourself. Courthouse staff cannot provide advice or help in filling them out. Special rules in Calgary Provincial Court mean you have to see a court counsellor or a lawyer to file your application. The services of a court counsellor may be provided at no cost.

DIVORCE

RULES:

In order to get a divorce one spouse must be an ordinary resident in Alberta for the year prior to divorce action[live here, work here, bank accounts here etc
Both spouses must live separate and apart for 1 year

You must firstly obtain the ‘Alberta Divorce Kit’ from either Queens Printer (Edmonton – Main Floor, Park Plaza, 10611-98 Avenue, Edmonton. Phone (780) 427-4952 (elsewhere in Alberta, phone 310-0000) at a cost of approx. $35.00. The kit is also available at most stationery/book stores throughout Alberta. The Court will charge a fee of $210.00 for the filing of the Divorce papers.

MAINENTANCE ENFORCEMENT

· Maintenance Enforcement packages are available on the 7th floor of the courthouse

· The goal of the Alberta Maintenance Enforcement Program (MEP) is to provide responsive and effective services to help client families and children achieve compliance with the payment terms of maintenance orders.

· The Alberta Maintenance Enforcement Act (passed in 1985) authorizes MEP to collect child/spousal maintenance ordered by the court or required under certain agreements filed in court.

· MEP seeks the voluntary cooperation of all people involved in orders for maintenance. Creditors and debtors are free to register with MEP or they can establish their own private arrangements for payment.

· MEP can use a variety of enforcement procedures to collect payments, such as attaching money from wages and bank accounts, seizing personal assets, placing liens on property to secure payments, reporting to the credit bureau and requiring debtors to appear before the Director or in court to explain why payments have not been made.

· MEP may withhold motor vehicle services (such as driver’s licences, abstracts and vehicle registrations) for failure to comply with maintenance orders. To help locate debtors when they move, MEP can access motor vehicle records throughout Canada.

· Once payment is received, MEP pays creditors through direct deposit.

· For debtors with a Canadian bank account, payment on MEP accounts is made by pre-authorized withdrawal arranged with the debtor’s financial institution. Arrangements can also be made to have maintenance payments deducted from the debtor’s employment earnings.

For more information contact:

Maintenance Enforcement Program
Alberta Justice
7th Floor, Brownlee Building
10365 – 97 Street
Edmonton, AB T5J 3W7

Telephone: 780-422-5555*
Fax: 780-401-7575*
E-mail: albertamep@gov.ab.ca
Web site: http://www.albertamep.gov.ab.ca/

MATRIMONIAL PROPERTY

· Applications under the matrimonial property act are made in Queens Bench and you need a lawyer

· Basically matrimonial property is divided 50/50 [exceptions; gifts, inheritances’ etc]

COMMON LAW SEPARATION

· Unlike married couples there is no specific law in alberta to deal with property division for C/L couples

· There is no presumption that property will be shared equally when the relationship ends

IMMIGRATION LAW

· Permanent residents are landed immigrants who have successfully applied to live in Canada permanently

· PRs can leave an abusive relationship without immigration status being affected and can apply for welfare

· women who do not have permanent resident status and who leave an abusive relationship can be at risk of being removed from Canada and legal advice should be sought ASAP

Revised Feb 27 2009