Frequently Asked Questions regarding Family Law issues due to the coronavirus pandemic caused by COVID-19
None of the information contained herein is intended to be a substitute for specific legal advice. This is general information only. Many factors will affect your situation that may make your situation unique from what information is provided here.
It is always recommended that you consult a lawyer regarding your current and specific situation. Callioux Law remains opens and able to help.
1. What kinds of applications will the Court hear during this pandemic of Coronavirus (COVID -19):
The Alberta Courts are open for emergency applications only. To understand what kinds of applications that courts will consider, please see the links below:
Provincial Court: https://www.albertacourts.ca/pc/resources/announcements//covid-19-pandemic-planning-for-the-scheduling-of-matters
Queen’s Bench: https://www.albertacourts.ca/qb/resources/announcements/covid-19-suspension-of-sittings
Court of Appeal: https://www.albertacourts.ca/ca/publications/announcements/notice---covid-19
It is expected that this information will be updated on an ongoing basis.
*If you have a court matter scheduled, please contact your lawyer as soon as possible to discuss how it is proceeding. If you do not have a lawyer, but want legal advice, you may call us to discuss your matter.
2. Is Callioux Law still open during this crisis?
We are open. We ask that people make contact with us through email or phone instead of coming into the office. We are here to serve Albertan’s the best we can during this crisis.
We have many of our staff working remotely in order to ensure their safety. We do not expect this to interfere with our provision of services.
3. Do I have to allow the other parent to have parenting time during this COVID-19 pandemic? What happens if the other parent will not allow me parenting time because of COVID-19?
If you are represented by legal counsel, contact your lawyer for specific advice for your situation.
Alberta Health Services (AHS) https://www.alberta.ca/coronavirus-info-for-albertans.aspx has posted guidelines and information on coronavirus for Albertans. Each parent, at a minimum, should follow these AHS standards to protect their children.
The usual rule is that if you have a parenting order in place, the court expects you to follow it. If following your order would put your child in obvious danger you should consult legal counsel. There may be times when it will be appropriate to suspend parenting time.
It is expected that parents will work together to ensure the safety of their child. Parents may voluntarily deviate from an order where satisfactory arrangements can be made between them to ensure the safety of the child. Where parents cannot agree to deviate from a court order, there may be circumstances where they must choose whether or not to comply with an order because of the coronavirus risk.
Failure to comply with a court order comes with serious risks. The court will react very negatively if this has occurred without justifiable and overriding cause. It is important to the courts that parents do not put their children at risk of ANY harm including the harm that flows from family disharmony. Every parent in this situation will have to balance these risks. All parents are encouraged to work together and be reasonable.
If you do not have a court order in place, the same logic applies. The court will want to see that people work together and are reasonable.
Typically, each parent should have a right to see their child as long as that is in the child’s best interests and provided that doing so will not create an unacceptable level of risk.
A lawyer is in the best position to advise you in this situation.
PARENTS ARE ENCOURAGED TO SEEK LEGAL ADVICE WITH RESPECT TO THEIR SPECIFIC CIRCUMSTANCES BEFORE ACTING.
4. What happens if my child gets sick and the other parent, who is not sick, wants to have parenting time with the child? Or what happens if the other parent is sick, but wants parenting time with our healthy child?
Alberta Health Services (AHS) has made clear that they wish to limit the spread of the virus as much as possible. All Albertans are heartily encouraged to follow AHS recommendations. The Court will expect parents to follow these recommendations to protect children. Electronic communication may be possible even when in person contact can not occur.
5. Do you have any ideas for how to limit the impact of COVID-19 on families and children?
Alberta has many resources to help during this time, including for mental health, job loss, community supports, indigineous resources, etc. Please utilize these resources as required. https://www.albertahealthservices.ca/amh/Page16759.aspx
Remember that your children need to be supported and protected from the stress of this pandemic. Unicef offers parents great tips on communicating and helping your family during this time: https://www.unicef.org/coronavirus/6-ways-parents-can-support-their-kids-through-coronavirus-covid-19
6. What happens if my income is reduced because of COVID-19 and I can no longer pay child or spousal support? What happens if my ex-stops paying support during the COVID-19 pandemic?
Your lawyer is the best person to give you advice in your specific situation. They may be able to negotiation a reduced level of support on an emergency basis, or ensure that you have some type of support during this difficult time.
If you are able to pay, then the court expects you to continue to do so. If you have lost your job, or have substantially limited income as a result of this crisis, it is advisable that you do you best to provide the support in the amount that you reasonably can. Remember, be reasonable. No one is expecting you to starve but whoever is supposed to be receiving support is depending on it too.
When your income changes, the amount of support you are expected to pay may change as well. If this has occurred, it is advisable that you seek legal advice. The government has an online child support calculating tool https://www.justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.asp. This may assist you in agreeing on an appropriate level of support at this time, although the Court may look at other factors as well and may alter the amount of support you were to pay retroactively later.
Depending on the order or agreement, spousal support may or may not change during this time. Check with your lawyer about specifics of your situation. Even if the order does not typically permit changes, it may be possible for parties to negotiate temporary changes in this most unusual time.
7. What happens if my child gets sick and I have to make medical decisions?
Emergency medical decisions must be made as soon as possible. You may not have time to contact the other parent before making an emergency decision. However, the courts often expect that the parent making those decisions will inform the other parents as soon as possible thereafter.
If there is reasonable time to consult with the other parent (who has decision making authority) then the court will often expect that you do so.
8. What happens if I lose my job and want to spend more time with my children who are in the other parents care?
Parents are usually encouraged by the courts to provide as much time with another parent as is in the child’s best interest. There is no one answer that fits all situations. Parents are expected by the courts to use their best judgement and work together to make decisions that are in the best interest of the child. AHS guidelines for how to conduct ourselves during this crisis should feature heavily in decision making.
Parents should always remember that the court is not concerned about the parent’s best interests. They are only concerned with the child’s best interests. Think about your children first.
Lawyer’s can assist at this time to give you legal advice or negotiate changes to your situation.
9. What happens if my situation has domestic abuse or violence during COVID-19?
If your situation is urgent, call 911 immediately.
Domestic violence situations can and should be dealt with as soon as possible. The Courts are open to hearing applications involving domestic violence at this time.
If you require an emergency protection order, you can apply for one for you and your children: https://www.alberta.ca/get-emergency-protection-order.aspx
If your child is in danger or you are aware of any child who is in danger, contact 911 or Child and Family Services as necessary: https://www.alberta.ca/how-to-help-and-report-child-abuse-neglect-and-sexual-exploitation.aspx
The Alberta government has domestic violence resources including shelters and economic assistance: https://www.alberta.ca/family-violence-find-supports.aspx
10. Can I apply for divorce or separation during the coronaviris pandemic?
Yes. The Courts are still accepting normal filings including commencing these applications.
There is a lot that we can do to help you start and make progress in your situation, even during this pandemic. In fact, in some case, we may be able to move your file to resolution more quickly. Call our office to see how we can help.
11. Can my divorce or separation move forward or be finalized during this pandemic?
Yes. Very few divorces require trials or court applications. Most divorces are negotiated between parties, often with the help of lawyers and mediators. Callioux Law will move your file forward, possibly all the way to resolution, during this time.
Most stages of a divorce, including disclosure exchanges, interim agreements, settlement agreements, and other issues will continue as normal.
12. Can I withdraw my RRSPs or pension funds or sell family/joint property during this pandemic? What happens if my ex starts withdrawing or selling family/joint property as a result of COVID?
Typically you are expected to not use, sell or dispose of matrimonial assets, except by agreement until your matter is concluded.
However, in many situations, parties agree to sell or separate certain assets early, to allow the parties to utilize those funds. Your lawyer can help you with this, and negotiate interim agreements that will save you problems down the road.
If one party sells or disposes of joint assets without agreement, the value of that property will still have to be accounted for in the final settlement or judgment. That party may be subject to penalties by the Court.
13. What happens with our family/joint property division if our property or investments reduce in value because of COVID-19?
It is important to note that although markets are changing rapidly, we are unable to predict what will happen with property and investment values over the next weeks or months. The long term impact is not known. You should consider speaking with an investment advisor, real estate agent, or tax advisor about the current impact on specific property.
In general, property division in Alberta is based on the value at the date of trial or finalization of an agreement, although many parties agree to use values based on a different date. Changes in property values before final division or the agreed date will effect both parties equally.
A lawyer can assist you in negotiating a fair property settlement in the current circumstances.
If the parties have already executed a final family property agreement with independent legal advice or they have received a final property order from the Court, changes in property values are generally not relevant.
People in a family property case or dispute are advised to consider working together in this time of crisis.
14. What happens if I can not afford a lawyer at this time?
Many people may have problems affording a lawyer as a result of COVID -19.
Callioux Law is offering low cost assistance to parties who wish to represent themselves but require legal advice and/or limited assistance to do so. To reduce costs we have both lawyers and paralegals able to help you. We offer limited scope legal services including:
Providing one time or ongoing legal advice
Assistance with drafting your documents
Assistance with Court forms or procedure
Assistance in identifying your issues and relevant legislation and case law.
Learn more about low cost & limited scope legal services
There may also be other supports available to you including:
Legal Aid Alberta: https://www.legalaid.ab.ca/Pages/default.aspx
Family Court Assistance: https://www.alberta.ca/family-court-assistance.aspx
Edmonton Community Legal Centre: https://www.eclc.ca/
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Callioux Law knows that finding the right lawyer to represent you is a choice not to be taken lightly. Our highly experienced team of lawyers can help you navigate this difficult process.