Family and the law

Family law covers legal issues that are covered under Alberta's Family Law Act, and outlines the legal rights and responsibilities of family members.

For more information about family law, see the Family Law Information Centre website or contact one of the offices listed below:

Edmonton
Main Floor, Law Courts Building
1A Sir Winston Churchill Square
Edmonton, AB T5J 0R2
Telephone: 780-415-0404
Fax: 780-415-0403

Calgary
604 J.J. Bowlen Building
620-7th Avenue SW
Calgary, AB T2P 0Y8
Telephone: 403-297-6600
Fax: 403-297-6605

Abuse

In Canada, it is a crime to use violence against anyone including family members.

The law protects all family members including children, spouses and older people from abuse and neglect (for example, leaving a family member alone without adequate care).

Abuse can take any of the following forms:

• Physical abuse is a criminal offense. Examples of physical abuse include:
   
  • beating
  • slapping
  • punching
  • locking someone out of their home

• Sexual abuse (forced, unwanted sex) is a criminal offence.
   
• Emotional abuse is not a criminal offence but may provide legal grounds for divorce or other family law action. Examples of emotional abuse include:
   
  • constant criticism
  • threats to hurt or kill a family member
  • denying a family member the opportunity to have friends
  • threats to send a family member back to his or her home country
  • destruction of possessions

• Economic abuse is not a criminal offence but may provide legal grounds for divorce or other family law action. An example of economic abuse is:
   
  • allowing a spouse no money or opportunity to improve his or her earning capacity

Families have the right to make most decisions about how to raise their children. However, the Child, Youth and Family Enhancement Act protects children from neglect, physical abuse, sexual abuse and emotional injury. For example, leaving children who are under 12 years of age alone in a house could be considered neglect.

Caseworkers from Alberta Children and Youth Services try to keep families together. Workers get involved when family members ask for help because they are having difficulty protecting or caring for a child or when a member of the community (for example, a neighbour, teacher or police officer) reports a concern about a child's safety or well-being.

A department caseworker meets with the family and reviews the child's needs and the family's needs and makes recommendations. If child protection laws have been broken, children can be taken away from one or both parents permanently or until conditions in the home change.

To talk to a child welfare worker, contact your regional Child and Family Services Authority. See the Regional Authorities section of the Alberta Children and Youth Services website or look under Government of Alberta in the blue or white pages of the telephone book.

If you believe that a child is being abused, it is your responsibility to call the Child Abuse Hotline at 1-800-387-5437 toll-free. You can call free of charge day or night. The name of anyone who reports a child abuse problem is kept confidential (secret).

If you know someone who is being abused, talk to a family doctor, the police or a community health nurse at a public health office or community health centre. Or, in the case of an abused woman, call a Women's Emergency Shelter.

To find the phone numbers of women's shelters in your area, see the Alberta Children and Youth Services website.

You can also find contact information on the inside front cover of your telephone book or call 780-422-5196 in Edmonton or dial 310-0000 for toll-free access in Alberta.

Through the Protection Against Family Violence Act, the police can help victims of family violence obtain a temporary emergency protection order that requires the abuser to stay away from family members and the home. This allows the victim and family members, but not the abuser, to stay in the home if it is safe.

The victim also can apply to the court for a longer-term order that allows police to enter the home and assist victims of family violence if necessary.

Marriage, separation and divorce

When serious problems develop in a marriage, counselling may help the couple stay together by improving their relationship or, if necessary, to end the relationship as peacefully as possible. Immigrant-serving agencies, community health nurses and family doctors can refer you to counselling agencies.

A husband or wife who is sponsored by his or her spouse as a landed immigrant cannot be deported because of marital separation. Those on a Visitor's Record, Minister's Permit or Work Permit should seek legal assistance or speak with an immigration officer at a Citizenship and Immigration Canada office.

The court will grant a divorce if the marriage has broken down. The law states that marriage breakdown has occurred if:

• The husband and wife have lived away from each other for one year with the understanding that the marriage is over.
   
• One of them has committed adultery (had sexual intercourse with someone else) and has not been forgiven by the other person.
   
• The husband or the wife has been physically or mentally cruel to the other person, making it unbearable to continue the relationship.

Anyone wanting a divorce should contact a lawyer. In some cases, the Legal Aid Society of Alberta provides lawyers to help people who cannot afford to pay.

A divorce granted by a court legally ends a marriage. Sometimes the former husband and wife continue to have legal and financial responsibilities to each other. For example, one may be required to pay support (money) to the other.

Parents always continue to share legal and financial responsibility for their children. If they cannot agree on how to share these responsibilities, they can go to court and ask the court to make a decision. For example, if parents cannot agree on who will have custody of the children, divorce law gives judges some basic principles to consider when making a decision. The best interests of the children come first. The court will not consider the past behaviour of the husband or wife unless that behaviour reflects on the person's ability to act as a parent.

Adult interdependent relationships

Alberta has laws that deal with the financial and property responsibilities of people who are not married but are together in an economically and emotionally interdependent relationship. This includes common-law (not married but living together) relationships and committed platonic (not sexual) relationships where two people agree to share emotional and economic responsibilities. You are considered to be in an adult interdependent partner relationship if:

• You and the other person have been in a committed relationship for at least three years.
   
• You have a child together.
   
• You have a written adult interdependent partner agreement.

Adult interdependent partners must financially support one another and can apply for emergency protection in cases of family violence (see above).

Date Updated: Dec 30, 2008
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