Its Challenging
I think you can agree with us when we say:
Family law matters can be complex and complicated…
But it doesn’t need to be.
At Shim Law we are here to help you every step of the way because we understand the challenges when entering a new family relationship or leaving one.
How Do We Make it Easier For You?
We understand that most people don’t primarily speak English as their first language and that Canada is made up of diverse individuals.
Here at Shim Law, we are a law firm that believes diversity breeds success which is why our legal staff come from all around the world and help bring together their multicultural skills and talents.
We want to be able to provide our clients with the most emphatic quality of services so our Calgary Family Lawyers can offer their legal help in up to 10 languages to break down any language barriers you may have.
What languages do we offer?
Family Legal situations can become an emotional roller coaster and our legal staff understand what you’re going through might be one of your hardest decisions in your life.
At Shim Law, we will be by your side through one of your most difficult times in your lives.
We want to guide you towards the best choice for you and your family so that you can successfully pass your difficult hurdle into a prosperous and rewarding future.
What Can We Help You With?
Our Calgary Family Lawyers offer Full Service Legal help.
We understand the high costs of bringing a case to court which is why we want to resolve any further conflict with our certified arbitration specialist if possible.
But if the final solution is to move towards court proceedings, we will support you 100% of the way.
A Detailed Look at Our Family Law Services
These include, but are not limited to:
- Custody and Access: “Custody” usually refers to the decision making power or arrangements for the care and upbringing of a child. There are various types of custody: sole custody, joint custody, shared custody and split custody. Depending on the arrangements for the care or upbringing of a child, one can characterize the nature of custody. On the other hand, “Access” usually refers to visitation time or parenting time with a child. It can be either specific or general access depending on the circumstances.
- Child Support: The financial support payment made by one parent to the other parent after separation or divorce. The child support amount is generally determined by the Federal Child Support Guidelines. There are two main factors to consider in determining the amount of child support: number of children and payer’s income. There are two types of child support: section 3 and section 7 child support. Section 3 child support is determined by the Federal Child Support Guidelines. Section 7 child support usually refers to extraordinary expenses such as child care expenses, medical and dental insurance, health related expenses, school education or program, extracurricular activities. Child support is the entitlement of the child, not the recipient parent. The money should be used for the benefit of the child.
- Child Welfare: When a child is apprehended by the Director due to safety concerns for the child, there may or may not be a reasonable and probable ground for such concern. If there is a valid concern for the well-being of the child, then the Director’s involvement is necessary. The Director’s authority comes from Child, Youth and Family Enhancement Act, which provides guardianship, custody and access to the children who are in need of protection from their parents.
- Division of Property: In Alberta, the Matrimonial Property Act governs the division of property upon the breakdown of the marriage. This piece of legislation can sometimes be complex to understand depending on the nature of the property, applicability of exemptions, etc.
- Guardianship: Refers to a legal right and duty to care for a dependent.
- Mediation and/or Arbitration: A process where the parties can settle their issues outside of the courthouse. They can choose their own mediator and/or arbitrator to determine their own case. It can be more efficient and cost effective than the court process.
- Prenuptial Agreement: a written agreement by a couple who are planning to live together or who are planning to marry. The agreement sets out the list of the assets and liabilities in order to figure out how they would like to divide their assets and liabilities upon the breakdown of the relationship. It can also include a provision for waiving any future financial support. The parties should obtain independent legal advice prior to execution of the agreement.
- Restraining Order/Emergency Protection Order: an order that prohibits one from contacting another individual, spouse and/or child either directly or indirectly. It can include a police enforcement clause whereby the police may take the party in breach into custody.
- Spousal Support: upon the breakdown of the relationship or marriage, one spouse supports another spouse to achieve self-sufficiency. Unlike Child Support, there are no legislated spousal support guidelines. The courts have considered various factors in order to determine the issue of spousal support. There are two main issues: entitlement of support, and quantum (amount) and duration of support. One has to establish that one spouse is entitled to receive support from the other spouse. Once entitlement is established, then one can argue for the amount and duration of support. Spousal support calculations can be complex and requires an analysis of the case law.
Calgary Divorce Lawyer
If you’re seeking help with a divorce, our Calgary Divorce lawyers will provide you with the most informative and best legal aid there is.
We understand what you will be going through and the experience needed to support you during this divorce process.
The Divorce Process in Calgary
There are three grounds for divorce:
- One year separation immediately preceding the determination of divorce, adultery, physical and/or mental cruelty.
- In order to get divorced, one must go through the court process in order to get a divorce judgment.
- A Divorce Judgment is a court order which terminates a marriage. Once the divorce process is complete, you will get a Certificate of Divorce from the Court.
What is a Divorce or Separation Agreement?
A written agreement by a couple who are planning to get separated or divorced.
These couples do not usually have a prenuptial agreement, so they have to come to an agreement for cases such as; custody/access, child support, spousal support and division of matrimonial property.
We strongly recommend the parties obtain independent legal advice prior to the execution of this agreement.
Important Resources for Family Legal Matters
- Basic Court Procedures
- Children Services Mediation Program
- Family Court Assistance
- Family Mediation Program
Below are some Counselling services that may help you during this process:
- Calgary Counselling Center
403-691-5991Provides a wide range of counselling services. Fees for counselling on a sliding scale available. - CARYA 403-205-5244Languages available: English, Vietnamese, Spanish, FrenchFocus on family and children. Fees for counselling are based on a sliding scale, according to a client’s ability to pay.
- Catholic Family Services403-233-2360Affordable counselling sessions, functional family therapy, sexual abuse treatment programLanguages available: Farsi, Russian, Spanish, and German
- Men’s Counselling Services at Calgary Women’s Shelter403-299-9680Free individual and group counselling for men who are concerned about their anger and abusive behaviors negatively impacting their family members
- Distress Centre Calgary403-266-4357Short-term counselling for emergent issues, walk-in counselling available
- Calgary Catholic Immigrant Society403-266-6686Co-Parenting After Divorce (6 x one-on-one sessions)Offers strategies and skills to manage parenting during separation/divorce.Languages available: English , Chinese, Korean, Spanish, Swahilli, Arabic, French, Vietnamese
- YWCA Sheriff King (Family Violence Shelter)403-266-0707Short-term crisis shelter for women and their children. The shelter provides basic needs, including food, personal items, domestic abuse counselling. Resources to connect women and their children for housing programs, legal services, and education support.
