Alberta’s Court Procedure Booklets

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Presentation transcript:

Alberta’s Court Procedure Booklets Family Law Information Centre

History May 1st 1997 – Child Support Guidelines Child Support Centres – Edmonton and Calgary July 1st 2000 - Family Law Information Centres New mandate

FLIC’s Mandate – Services to the Public General legal information Court forms Written material Court Procedure Booklets Child Support Calculations Help fill out forms Procedural advice

FLIC’s Mandate – Services to the Judiciary Review divorce files Child support / spousal support calculations Research assistance Friend of the Court

FLIC’s Mandate - other Dispute Resolution Office / Child Support Resolution Office Court Generated Orders Stats Collection Liaise with outside agencies

The Court Procedure Booklets

IN THE COURT OF QUEEN’S BENCH JUDICIAL DISTRICT OF _______________ BETWEEN: (YOUR NAME) APPLICANT -and- (EX/SPOUSE’S NAME) RESPONDENT AFFIDAVIT I, (YOUR NAME), of the City of _________________ in the Province of Alberta, MAKE OATH AND SAY: 1. THAT I am the applicant herein and as such have personal knowledge of the matters hereinafter deposed to except where stated to be based on information and belief and whereso stated I do verily believe. 2. (SET OUT FACTS ON WHICH YOU ARE BASING YOUR APPLICATION) 3. (EACH PARAGRAPH IS TO BE NUMBERED) 4. THAT I make this Affidavit in support of an application for: (SET OUT WHAT YOU ARE ASKING FOR IN APPLICATION) Sworn before me at the City of ) ______________ in the Province ) of _______________, this ) ______________________________ ________ day of _____________ ) Applicant AD 199___ ) ________________________________ A Commissioner for Oaths in and for the Province of Alberta

Plain Language Project - Objectives To improve Albertan’s understanding of family law matters within the Alberta Justice system To increase access for unrepresented litigants in family law matters by providing plain language materials that will assist them in representing themselves To help Albertans wishing to represent themselves in family law matters to do so correctly and efficiently To demonstrate to Albertans the government’s responsiveness to feedback received from the Justice Summit

Steps Three prototypes Field test Re-writes More re-writes Incorporate prototypes into other 23 booklets

CHILD SUPPORT/MAINTENANCE COURT PROCEDURE # For Staff Use Only CHILD SUPPORT/MAINTENANCE COURT PROCEDURE # MARRIED/SEPARATED/ DIVORCED [Note: For the following procedures, a Divorce Action must already be started in QB; if no Order has been made for child support in QB, application may be referred to Provincial Court - booklets do not apply] NON-MARRIED Initial Application * 2 3 Obtaining Income Information from the Other Party *Note: Booklet #2 should be completed (this may take more than a month) prior to commencing Booklet #3. Applying for an Order for Child Support 7 Applying for an Order for Child Support under the Parentage and Maintenance Act Note: Booklet #7 includes the Notice to Disclose Changing an Existing Order 4 *Note: Booklet #2 should be completed (may take 1 month) prior to commencing Booklet #4. Changing an Existing Order for Child Support Consent of Both Parties 8 *Note: Booklet #2 is optional. May be required if either party is uncertain as to other partys income. Applying for a Consent Order that Includes Child Support Opposing an Application 9 Opposing an Application that involves Child Support Please note that all procedures are for both parties residing in Alberta. See Provisional Applications if the other party lives outside of Alberta, but within Canada.

What I learned Men don’t read instructions Women ask too many questions

What I learned (con’t) Just the facts Keep it simple You can’t avoid legal terms – provide a glossary You can’t sell these in a vending machine People really, really don’t like lawyers

Target Audience Age Income level Education level Literacy level Canadian born v. Immigrant Gender

Plain Languaging Avoid jargon Grammar rules may not apply  Fill in the name of the person to whom you served the Claim  Fill in the name of the person you handed the documents to.

Plain Languaging (con’t) Active voice  The court application was brought by Mr. Smith.  Mr. Smith started the court application. Don’t turn verbs into nouns  It is necessary for you to serve the claim.  You must serve the claim.

Plain languaging (con’t) Use the same word every time Keep sentences and paragraphs short Don’t capitalize unless necessary Keep information organized Leave lots of white space

Thank you!