Practicing Family Law in Alberta
By Jennifer Peterson
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Family law lawyer - Ronda Goulden |
Ronda Goulden is a civil lawyer practicing family law with Alberta Justice. She provided us with details on family law and the Justice system in Alberta.
How is civil law different from criminal law and where does family law fit in our justice system?
Civil law covers any legal action that is not criminal. Civil actions are often between private individuals, whereas criminal actions are between the state and the accused. Laws about families are part of the civil law.
Family law is unique because it usually involves many interconnected issues that need to be addressed. While most civil cases have a specific question or set of questions where answers provide a final solution to the problem, family law disputes often continue for the lifetime of the parties because the circumstances are constantly changing. Family law covers guardianship, custody, access, parentage, divorce, separation, child support, spousal support, and enforcement of those areas and many other subjects dealing with people, their relationships, and their children.
The lawyers in the Civil Law Branch – Family Law of Alberta Justice provide legal advice and appear in all levels of court for a number of government ministries such as Children’s Services and Human Resources and Employment, and for a number of government programs such as the Maintenance Enforcement Program (Alberta Justice) and the Office of the Public Guardian (Alberta Seniors).
How long does it take family law matters to go through the courts?
It may take a few weeks or a few years to settle a family matter, depending on what level of agreement people have with each other and depending on how many subject areas are in dispute. For example, a separated couple with children may quickly agree on an amount for child support, but disagree on the distribution of property from the relationship. Or they may quickly agree that they want a divorce, but argue over the custody of the children. The custody question may take much longer to resolve if professional home assessments are needed and money is not available to pay for them.
In areas where families disagree, mediation is an alternative to a court hearing. In mediation, the parties can craft their own solution, rather than having a solution imposed on them by the court. Mediation also promotes collaboration between parents to solve issues in the best interests of their children and themselves.
What types of things do you work on as a family law lawyer with the Alberta government?
The most interesting thing that I am doing right now is working on the implementation of the Family Law Act, which will be proclaimed October 1, 2005. The new act updates and consolidates provincial family law. Much has been done through this new legislation to increase access to justice for the average citizen. Most importantly, the act is clearer and more direct than the previous law. It addresses general family law areas except divorce and matrimonial property.
How will the Family Law Act change how family matters are dealt with in Alberta?
One of the biggest changes the Family Law Act will bring is removing the words “custody” and “access” from disputes between individuals (except for divorce). Instead, the act discusses the powers and responsibilities of “parenting” children and ensures that both guardians will have the same power and responsibilities unless a court order says otherwise.
