Family Law News & Insights

It is with great enthusiasm and congratulations that we announce that our managing partner, M. Jennifer Shaften K.C. has been appointed to the newly renamed, Alberta Court of Justice’s Calgary Family and Youth Division.

An Emergency Protection Order (“EPO”) is a court order intended to provide safety in cases of family violence in emergency situations.

A “JDR” is a Judicial Dispute Resolution meeting held with the parties, their lawyers, and a Justice. The JDR is typically booked for one full day and takes place in a meeting room at the Courthouse (or via videoconferencing).

When parties separate, we deal with high conflict parenting and custody issues regarding children. However, as fewer younger couples are choosing to have children, there are more fights over the family pet.

Traditionally, contempt proceedings were viewed as strictissimi juris, meaning all proper procedures had to be strictly complied with and case law traditionally reflected adherence to procedural rules. However, 2021 saw a shift in civil contempt in family law proceedings in Alberta courts.

Relocations are becoming more common following divorces and separations; especially in the Pandemic environment as many employers have transitioned to remote working.

The Court of King’s Bench published Ross v. Doehl, 2021 ABQB 1020, a decision in which the Honourable Justice C.M. Jones meticulously reviewed and applied the factors outlined in the Adult Interdependent Relationships Act (AIRA) to determine if two same sex partners were in a relationship of interdependence.

Foster LLP is now a Roster Firm for the Articling Placement Program that furthers the Law Society’s goals and seeks to ensure all Articling Students have a safe, respectful work environment to learn and develop their careers.

Foster LLP is proud to announce that Leigh Sherry has joined our team of exceptional lawyers!

Canada must be a just society. Those were the words of former Prime Minister Pierre Elliot Trudeau two years before his government took over control of Canada’s residential schools from religious groups.

A coalition of Canadian lawyers has written to the International Criminal Court (the “ICC”) in the Hague, Netherlands to demand the ICC’s support investigating the discovery of 215 children’s bodies buried near a former residential school in Kamloops, BC.

In the decision Re Felgate, 2021 ABASC 68 released by the Alberta Securities Commission (ASC) on May 11, 2021, Foster LLP Special Counsel, Brendan Miller, was successful in defending a $300,000.00 disgorgement order and judgment sought against his client by the Staff prosecutors of the ASC.

Your adoption process begins with a consultation with Dana who gathers information to draft the Adoption package. She meets with you and explains the process and procedures based on your individual needs.

Wishing our best to Sasha Joshi who will speaking along side a number of exceptional women on January 25, 2021.

We are happy to welcome Jillian Hegberg as our newest associate.

Government of Alberta offices will be closed between December 24 and January 1. The courts will ensure that Albertans are able to deal with urgent matters during this time.

Brendan Miller, Special Counsel at Foster LLP was successful at the Alberta Court of Appeal in the decision of Cartwright v. Rocky View County Subdivision and Development Appeal Board, 2020 ABCA 408 released on November 23, 2020.

Merry Christmas and Happy Holidays from the lawyers at Foster LLP.

“With over 34 years of experience, Rupert will represent you with a diverse and knowledgeable voice.”

Jennifer Shaften, Q.C. was appointed as amicus on an enforcement of time with child application in the Provincial Court of Alberta.

Brendan is a litigation and appellate lawyer in the areas of regulatory, public, constitutional, administrative, civil, commercial, criminal and international law.

The most important legal decisions of your life should not be lost in translation.

The Superior Court of Ontario released a decision determining whether a child should be ordered back to school during the COVID-19 Pandemic.

Have you been dealing with parenting issues for 6 months or more - in Court or through other processes that never seem to work or end?

Former partner, Ron Foster, Q.C., will be leaving Foster LLP at the end of August 2020. We thank Ron for his years of service and mentorship to Foster LLP.

We are pleased to announce that Stuart Mair is now an associate with Foster LLP!

Legal coaching can be defined as unbundled legal services, designed specifically for your family law matter.

Your Will reflects your wishes with respect to the distribution of your Estate.

We are proud to welcome three members to our dedicated team of family lawyers.

During the COVID-19 pandemic, the way we deliver services at Foster LLP has changed; our commitment to helping you has not.

Foster LLP is proud to announce that Jennifer Shaften has been designated Queen’s Counsel in accordance with Letters Patent issued March 31, 2020.

We recently received some helpful tips from the Association of Family and Conciliation Courts (AFCC) about co-parenting during the COVID-19 pandemic.

Please read for important updates regarding COVID-19 and our firm's operations.

Adoption creates families and should be a joyful experience. In fact, it is one of the matters Justices enjoy having a part in. However, without proper...

All disputes begin with a disagreement between two or more people, corporations, countries, etc. However, there are many ways for the dispute to resolve or move towards resolution.

The Legislative Assembly of Alberta had its First Reading of Bill 28 in November 2018.

We’ve compiled the following checklist to aid our prospective clients when choosing an effective divorce lawyer.

Lawyers from our office attended the King’s Bench Family Law Annual Town Hall Meeting hosted by the Judiciary and the Calgary Bar Association on January 18, 2017. At the meeting, the Judiciary highlighted an important case which speaks to the financial disclosure requirements for parents who are self-employed or who control corporations.

In certain instances, the Canada Revenue Agency permits support payor spouses to deduct the spousal support paid by them from their income for the purpose of their income tax. The same is true for common-law partners paying support.

Changes have been made to the Residential Tenancies Act that would allow victims of domestic violence to end a tenancy early and without financial penalty.

Few things are tougher in life than a divorce. Any time a relationship starts with promise and happiness and ends in brokenness, there is deep pain and regret for multiple parties. And while a divorce is never fun or emotionless, it is possible to have a smooth parting of ways that mitigates pain and prevents undue hardship.