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What changes should be made to family law?

These proposals let family law lawyers discuss and vote on what changes they think should be made to the law or court procedures. The results can be viewed and shared with legislators and the Courts. The proposals put forth are written by member lawyers, and do not necessarily reflect the views of this website or its administrators. You can view more proposals or make a proposal yourself.

Proposal: Small tweaks to reward, incentivize, simplify
Other - Feb 14, 2023

67% in favour out of 15 votes

Stephen Harfield
  Queck & Associates
   Sherwood Park, Alberta

Law does a lot to punish bad behaviour but little to reward the things it wants.

Some potential ideas
-waive filing fee for statement of claim if accompanied by disclosure statement
-better tax deductions for using a collaborative process or, at least, in preparation of a consent parenting plan
-allow parties to propose a valuation date on their statement of claim and a defendant to consent or refuse or qualified refuse (eg, accept if divorce completed in less than one year)
-better tax breaks and other incentives for parents who attend counselling, addiction treatment. Or make that actually an explicit factor for best interests of the children, the extent to which a parent acknowledges and seeks assistance.
-mep to take additional 1% of child support payments in escrow and refund at the completion of support in accordance with payment history - always paid? 100% returned. Paid 80% of the time? Get 80% back.
-automatic temporary CLPs on property at land titles upon filing for divorce

Stuff like that. Not saying these are all winners, but just a continued shift towards rewarding early resolution, often in small ways.

1 15 months ago

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