This research guide contains information on various family law issues including divorce, child and spousal support. It covers both federal and provincial legislation (both statutes and regulations) as these apply to issues in family law. Precedents set by case law are significant.
Texts
General
- The Annotated Alberta family law act by K.M. McDougall, C.F. Barber, & T.D. Magee
- Alberta: marriage, separation and divorce, 4th ed. by Jean McBean Table of Contents
- Bankruptcy, Insolvency and Family Law by Robert Klotz Table of Contents
- Canadian Family Law, 8th ed by Julien D. Payne and Marilyn A. Payne Table of Contents
Also available as an e-text - Collaborative Law in Family Disputes by Richard W. Shields, Judith P. Ryan & Victoria L. Smith Table of Contents
- Enforcement of family law orders and agreements : law and practice by Ann Wilton & Judy Miyauchi Table of Contents
- Family Law Arbitration in Canada, 4th ed. by Ann Wilton & Gary S. Joseph Table of Contents
- Family law practice and procedure by JoAnn Kurtz Table of Contents
- Making Parenting Plans in Canada’s Family Justice System: Challenges, Controversies and the role of Mental Health Professionals by Rachel Birnbaum & Nicholas Bala Table of Contents
- Parenting Law and Practice in Canada, by Ann Wilton, Gary S. Joseph and Tara Train.
- Tug of war: a judge’s verdict on separation, custody battles, and the bitter realities of family court by Harvey Brownstone Table of Contents
Child and Spousal Support
- Child Support Guidelines in Canada, 2020 by Julien Payne & Marilyn Payne Table of Contents. Also available as an e-text
- Child Support Guidelines Law and Practice, 2nd ed. by James MacDonald Table of Contents
- Child Support Guidelines Service, by Terry Hainsworth Table of Contents
- Spousal Support in Canada, 3rd ed. by Ann Wilton & Noel Semple Table of Contents
- Wilson on children and financial support by Maryellen Symons, Jeffrey Wilson & Farrah Hudani Table of Contents
Forms and Precedents
- Alberta divorce kit : guide, forms on CD-Rom, 16th ed. by Louise Campbell Table of Contents
- Alberta family law practice manual by Legal Education Society of Alberta Table of Contents
- Desk Divorces for Legal Support Staff by Legal Education Society of Alberta
Includes forms and explanation on how to fill them out. - Separation Agreement, 4th ed. by David Greig Table of Content
- Domestic Contracts by Legal Education Society of Alberta Table of Contents
- Domestic contracts : a comprehensive guide to marriage, cohabitation, and separation agreements in British Columbia and Ontario by Hugh G. Stark & Kirstie J. MacLise Table of Contents
- Adoption kit : self help kit for private adoptions by Alberta Queen’s Printer Table of Contents
- If you love me, put it in writing by Alison Sawyer Table of Contents
Prenuptial & Cohabitation agreements. Includes CD. - The Prenuptial Guide : Contracts for Lovers by David Greig & Ross Davidson Table of Contents. Includes CD
CaseLaw
For more information on finding cases see our research guide: Finding and researching cases
E-Resources
- ICLR
- Leading Family Law Cases
Court of Queen’s Bench Family Law Practice Note 2 : Appendix C - Lexis Advance® Quicklaw®
- vLex Justis
- WestlawNext Canada
Quantums
- Lexis Advance® Quicklaw®
- Canada Child Support Quantums
- Canada Matrimonial Property Quantums
- Canada Spousal Support Quantums
Legislation
Federal
- Divorce Act, RSC 1985, c3 (2nd supp.).
- Federal Child Support Guidelines, SOR/97-175.
- Family Orders and Agreements Enforcement Assistance Act, RSC 1985, c4 (2nd Supp.).
- Garnishment, Attachment and Pension Diversions Act, RSC 1985, c G-2.
Federal Acts and Regulations can be found electronically at:
Provincial
- Court of Queen’s Bench Family Law Practice Notes
- Family Law Act, SA 2003, c F-4.5.
- Alberta Child Support Guidelines, Alta Reg 147/2005
- Child Support Recalculation Program Regulation, Alta Reg 287/2009
- Family Property Act, RSA 2000, c F-4.7
- Provincial Court Procedures (Family Law) Regulation, Alta Reg 149/2005
- Marriage Act, RSA 2000, cM-5
- Adult Interdependent Relationships Act, SA 2002, cA-4.5
- Maintenance Enforcement Act, RSA 2000, cM-1
- Protection Against Family Violence Act, RSA 2000, cP-27
To access or purchase the official version, go to:
Definitions
The following terms are defined within the interpretation section at the start of the
- Divorce Act, RSC 1985, c3 (2nd supp.).
- age of majority
- appellate court
- child of the marriage
- child support order
- custody
- divorce proceeding
- Federal Child Support Guidelines
Encyclopedias
Canadian Encyclopedic Digest
The CED provides discussion with annotations to legislation and case law.
Subjects related to Family law are:
- Family Law (Divorce).
- Family Law (General).
- Children.
Available electronically through: WestlawNext Canada
Halsbury's Laws of Canada
This multi-volume set includes coverage of Federal, Provincial & Territorial legislation. Also available electronically through:
This encyclopedia explains the legislation and cases which govern family law issues in every jurisdiction in Canada, allowing you to quickly locate, contextualize and apply the basic elements of the law.
Titles include:
- Family (HFA) (2014)
- III Divorce
- VI Spousal Support
- Infants and Children (HIC) (2014)
- III Child Support
Journals
- Canadian Family Law Quarterly
Also available on WestlawNext Canada - Canadian Journal of Family Law
Also available on LexisAdvance® Quicklaw®
E-Resources
- Index to Canadian Legal Literature (ICLL)
Available electronically on WestlawNext Canada and LexisAdvance® Quicklaw®
Additional full-text articles are available electronically through:
- HeinOnline – Provides full-text access to Canadian and international law reviews and legal journals.
- Lexis Advance® Quicklaw®
- WestlawNext Canada
contains a collection of Canadian journals and law reviews, as well as all articles and case comments appearing in Carswell law reports. - Canlii – commentary (contains articles from the former Canadian Research Institute for Law and the Family)
E-Resources
Provincial
Alberta Courts
- Alberta Courts
- Resolution and Court Administration Services (RCAS)
- Alberta Justice & Solicitor General
- Child Support Recalculation Program
- Maintenance Enforcement Program (MEP)
Videos
- Alberta Justice – YouTube
- Maintenance enforcement program – section 7 expenses
- Divorce 101 in Alberta
Calgary Legal Guidance
Centre for Public Legal Education Alberta (CPLEA)
CPLEA is a public legal education organization dedicated to making information about the law available in readable and understandable language for Albertans.
- Family Law Brochures – many topics
- The Hidden Homeless: Residential Tenancies and Issues of Victims of Domestic Violence
- LawNow – column dedicated to Family Law
Federal
Department of Justice
Family Law
The Child Support webpage provides access to information about the Federal Child Support Guidelines and related information including:
- Child Support Table look up
- Child Support Recalculation Program
- Federal Child Support Guidelines
- Federal Child Support Guidelines: Step-by-step
Spousal Support
The spousal support webpage provides information about spousal support guidelines and related information including:
Steps to using the Spousal Support Advisory Guidelines:
- With Child Support Formula
- Without Child Support Formula
- Enforcing Support
Includes information on enforcing child and spousal support as well as interjurisdictional and international support enforcement. - My Support Calculator
Provides a simple child/spousal support calculation
Parenting Arrangements and Assessments
- Making Plans : A guide to parenting arrangements after separation or divorce
How to put your children first - Parenting Plan Tool : a companion to making plans
- Parenting Assessments and Their Use In Family Law Disputes In Alberta, British Columbia and Ontario
Divorce
- Divorce
- Central Registry of Divorce
Nationwide registry of divorce applications. They may be able to provide you with the court your divorce was filed in but they will not be able to provide you with a divorce certificate.
Canadian Bar Association
- Legal Health checks : Relationships, separation and divorce
Including breaking up, property and spousal support.
Canadian Judicial Council
Centre of Excellence for Matrimonial Real Property
The material contained in this website is intended to assist with the implementation of the Family Homes on Reserves or Matrimonial Interests or Rights Act (the Act) and will provide information on the protections and rights available to individuals and families living on reserves, on the provisional federal rules, once in force, and an understanding of alternative dispute resolution mechanisms.
- Centre of Excellence for Matrimonial Real Property
- Matrimonial Real Property (MRP) Toolkit
includes an integrated set of printed materials, worksheets, flow charts, checklists, and training modules designed for use by First Nations and their professional associates.
Other Resources
- Families Change – Provides information on the law and emotional issues encountered during divorce and separation
- JP Boyd on Family Law – Clicklaw wikibook – some information is B.C. specific.
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