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Succession and Posthumously Conceived Children, Report for Discussion 23


This report discusses the position of posthumously conceived children under the law of succession in Alberta and outlines some possible options for reform. It is unlikely that parentage can be established for posthumously conceived children under Alberta`s Family Law Act, and therefore the link for inheritance purposes is missing. Even if parentage could be established, the fact that reproduction occurs sometime after the death of one of the parents brings in other factors affecting whether and […]

AREA OF LAW Wills and Succession Children Family Law
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FORMAT Publications
FILE RFD23_web.pdf

February 2, 2012

Family Law v. 18.4–Child Guardianship, Custody and Access, Report for Discussion 18.4


As addressed in the other reports in this series, Alberta law relating to the care of children (at the time of this report’s publication) included a variety of statutory provisions that were out-dated, inconsistent, and/or had uncertain scope. For this reason, this report begins from a “clean slate” in trying to define (i) child guardianship, (ii) custody, and (iii) access, and to determine how these issues can be decided in order to protect the best […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE rfd18.4.pdf

October 2, 1998

Family Law v. 18.3–Child Support, Report for Discussion 18.3


This report was written to address five concerns about child support law at the time of its publication, viz.: the inadequacy of child support awarded; inconsistency of award between similar families; inefficiency in assessment; inequality based on “legitimacy” of birth; and unaddressed complexities based on the inter-relation between spousal support, custody of children, and child support. This report expounds recommendations for a new approach to child support, which is meant to foster equality for all […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE rfd18.3.pdf

Family Law v. 18.1–Overview, Report for Discussion 18.1


This report presents the criticisms of Family Law (as it stood at the time of publication) that led to the initiation of the Family Law project by the ALRI. Chief among these criticisms: much of Alberta family law is outdated; family Law is split up among several different pieces of legislation; different parts of Alberta family law are not consistent with each other; family law is controlled by numerous different bodies, with no central authority. […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE rfd18.1.pdf

The Domestic Relations Act (DRA) – Phase 1. Family Relationships: Obsolete Actions, Final Report 65


With the changes in attitude toward marriage and family that have occurred over past decades many provisions of the Domestic Relations Act have become outmoded. This report recommends the abolition of six obsolete matrimonial actions: restitution of conjugal rights, judicial separation, damages in tort for adultery, enticement or harbouring a spouse; damages in tort for harbouring of a child, damages in contract for breach of a promise of marriage, and jactitation of marriage. This report also recommends […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE fr065.pdf

March 29, 1993

Status of Children: Revised Report, Final Report 60


This report is a reissue and update from of Report 20, Status of Children, June 1976. The report provided detailed reasons and recommends that there will be one status for all children; that the legal relationship of child and parent be dependent on their biological relationship; that with the exception of parental guardianship, all rights and obligations of the child born out of wedlock, of a parent, or of any other person be determined in […]

AREA OF LAW Wills and Succession Children Family Law
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FORMAT Publications
FILE fr060.pdf

May 29, 1991

Status of Children: Revised Report, Final Report 45


This report is a reissue and update from of Report 20, Status of Children, June 1976. The report provided detailed reasons and recommends that there will be one status for all children; that the legal relationship of child and parent be dependent on their biological relationship; that with the exception of parental guardianship, all rights and obligations of the child born out of wedlock, of a parent, or of any other person be determined in […]

AREA OF LAW Children Family Law
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FORMAT Publications
FILE fr045.pdf
ENACTMENT

Substantially enacted, pursuant to the recommendations in Report 60 by the Family and Domestic Relations Statutes Amendment Act, 1991, SA 1991, c 11 amending the Domestic Relations Act (now RSA 2000, c D-14, ss 50(1), 77-84); the Family Relief Act (now RSA 2000, c F-4, s 1(b)); and the Intestate Succession Act (now RSA 2000, c I-10, s 1(b)).

November 1, 1985

Protection of Children’s Interests in Custody Disputes, Final Report 43


The amicus curiae procedure, describes a lawyer who is appointed to ensure that the Judge receives all necessary information so that he may decide who should have custody of a child or children involved in a custody dispute. The amicus curiae arranges for expert professionals to investigate the circumstances of the child and child’s family and to form opinions as to where the child’s best interests lie. A majority of cases utilizing an amicus curiae […]

AREA OF LAW Children Family Law
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FORMAT Publications
FILE fr043.pdf

October 1, 1984

Conference Materials, International Invitational Conference on Matrimonial and Child Support, 27-30 May 1981, Research Paper 14


This report is a summary of a conference held to discuss the results of Research Paper #13, Matrimonial Support Failures: Reasons, Profiles and Perceptions of Individuals Involved. The report includes four speeches given at that conference, viz.: “Paying of Maintenance in Sweden,” by Anders Agell; “Matrimonial Support Failures: Reasons, Profiles, and Perceptions of Individuals Involved, a Commentary,” by Judith Cassetty; “Maintenance in Britain,” by Colin Gibson; and “The Economics of Divorce: Social and Economic Consequences […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Other
FILE RPNo.14.pdf

October 3, 1982

Administration of Family Law: The Unified Family Court: Constitutional Opinions, Research Paper 11


This paper comprises opinions by Professor W.R. Lederman, Q.C., and Professor P.N. McDonald, on the constitutional validity (at the time of publication) of a unified family court in Alberta, including both federally appointed and provincially appointed judges (i.e. judges appointed by the Governor General in Council and the Lieutenant Governor in Council). Professor McDonald’s opinion is actually comprised of a number of smaller opinions written in 1976 and 1977, which include responses to some other […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE RPNo.11.pdf

May 4, 1978