New Family Law Act ready to go in the fall
By Sandi Walker
October 1, 2005 will be a momentous day in Alberta. After nearly a decade of research and development, it’s the day the Family Law Act becomes law.
The Family Law Act addresses provincial, non-divorce family law areas such as spousal/partner support, child maintenance and parenting orders. It consolidates provincial family law while updating it to reflect current legal practices. The act is easier for separating families to use and understand, and encourages mediation and dispute resolution to reach decisions.
Most importantly, the Family Law Act reflects the current needs of Alberta families, while reinforcing that Alberta law will hold the best interests of Alberta children above all else when family relationships break down.
Through public consultation as well as discussions with the Bar, we heard that Albertans wanted family law to be simpler and easier to understand. We responded with a law where there is a common set of procedures and appropriate services to all family law applicants, regardless of which court they apply to or where they live.
Implementation of the new act means training for court staff, the bench, the Bar and other users of the court system. Training sessions are currently underway for the approximately 500 people, including the judiciary, who need to fully understand the changes in the law itself and in some of the legal procedures.
There has been a lot of consultation with the Provincial Court and Court of Queen’s Bench to ensure processes in the Family Law Act work in both courts. The simplifying and integration of legal procedures has been a mammoth task, and one that would not have occurred if it were not for the cooperation of both courts, and their commitment to its success.
The overall Family Justice Strategy aims to reform the family justice system so that it is more integrated, efficient and effective. The proclamation and implementation of the Family Law Act is an important and exciting first step.
