Holiday Parenting Time

The winter holidays are a special time of year. Families have longstanding traditions, and enjoy quality time when their children are out of school. If you do not have a Separation Agreement or Court Order that directs how holiday time is to be shared, you may need assistance from a third party.

The Provincial Court of Alberta and the Court of King's Bench are extremely backed up. If you have not already booked a Chambers or other hearing date, you may struggle to obtain one prior to Christmas.

 

To schedule a date in the Court of King's Bench you are required to apply through Family Docket Court. If you have counsel you may have to pay their fees for two to three hours as they wait to be called. You have fees associated with drafting affidavits, preparing for Court, and then Court time itself. Depending on your place in the list, you may again have to wait a lengthy amount of time to be heard.

I have practiced exclusively in Family Law her entire legal career. I have attended Court to litigate over Christmas parenting on more than one occasion. I have been told by Judges "you should have figured this out earlier." Unfortunately, you can try very hard to settle without using the Court, and that can take time - resulting in the need for a last minute Application.

FLAT RATE FEE OF $1,250 + GST

2022 Hearing Dates:

  • December 5, decision by December 8

  • December 12, decision by December 15

  • December 19, decision by December 22

Additional dates may be available upon request.

Limited Evidence

Parties have the option of the following:

  • Three (3) pages of Affidavit evidence, in 12pt Arial or Times New Roman font, with one inch margins, and twenty (20) pages of Exhibits; OR

  • Twenty (20) minutes of oral evidence provided under oath via Zoom

There is no cross-examination. Both parties must consent to either oral or affidavit evidence. No case law unless mutually agreed; reading caselaw will be billed at my hourly rate. The best interest test applies.

2

Parenting Plan Template

Each party must submit their proposed Christmas Parenting Schedule. My office will provide the template, so each party's Scheduling template is identical, but reflects their different holiday parenting time proposals.

3

Argument/Hearing

Each party, or their counsel, may provide ten (10) minutes of oral argument via Zoom.

4

Decisions

I will provide my decision the same business week. Limited reasons shall be provided. I will provide a draft Holiday Parenting Order reflecting my decision.

5

Costs

The parties shall select in advance whether:

  • Each party shall bear their own costs, regardless of the outcome; OR

  • If a party is substantially successful, he or she shall be entitled to $500 in costs.