When parties get a divorce, there can be a high degree of conflict during their family law proceedings, especially when it escalates to court. It is not uncommon for parties to feel that the other party is pursuing unnecessary court applications or playing a role in exacerbating conflict. In high-conflict scenarios, it may be that… Continue reading What is a “Vexatious Litigant” in Alberta Family Court?
Category: Litigation & Court Procedures
ABCA Finds Judge Erred in Questioning Father’s Mental Fitness
When deciding on parenting issues such as the allocation of time a child spends with each parent, and who is permitted to make decisions regarding the child’s upbringing, the primary consideration for any court is the best interests of the child. As a general rule, it is assumed it’s in a child’s best interests to… Continue reading ABCA Finds Judge Erred in Questioning Father’s Mental Fitness
Man Submits Nude Photos as Evidence in Mobility Case
Family disputes can become highly emotional, very quickly. Particularly when children are involved, parents may be tempted to resort to tactics that are not in their best interest, driven by emotion rather than common sense. A recent emergency hearing about the issue of parental mobility made headlines after a father submitted an affidavit to his… Continue reading Man Submits Nude Photos as Evidence in Mobility Case
Psychologist Not Liable for Expert Testimony in Family Court
We have previously written about the devastating effect improper expert witness testimony can have on family court matters, particularly when it comes to custody and access hearings. Psychologists and social workers across the country assist with these matters by providing what are purportedly neutral assessments of the parenting situation to assist a court in making… Continue reading Psychologist Not Liable for Expert Testimony in Family Court
Child Apprehension Orders and a Guardian’s Right to Respond
In a previous blog, we had discussed the unfortunate circumstances involving the apprehension of children by Alberta’s Children’s Services and how the legal rules set out in the governing law not only permit for the child welfare authorities to obtain an order for the apprehension of children without any notice to the parents but also… Continue reading Child Apprehension Orders and a Guardian’s Right to Respond
BC Psychologist Faces Discipline for Role in Alberta Child Access Case
We have previously blogged about the harm that psychological evaluations can have in a custody and access matter. Recently, another psychologist has faced criticism and been forced to apologize for their comments in a family dispute that unfairly prejudiced the father in the matter. A One-Sided Assessment In this case, the parents of a young… Continue reading BC Psychologist Faces Discipline for Role in Alberta Child Access Case