Sometimes it is necessary or beneficial to ask the court for an order to deal with one or more issues after your separation. For example, you might be experiencing family violence or the other person might not be willing to make an agreement outside of court.
Getting a court order takes time and money. If possible and safe to do so, you should first try to resolve the issue with the other person or with the help of a professional. Going to court should always be your last resort.
Need to know
- Going to court takes time and money and should always be your last resort.
- The process for getting a court order depends on which law and court you use.
- The applicantapplicant The person who applies for a court order. is the person applying for the order.
- The respondentrespondent The person who responds to the applicant’s request for an order. is the person responding to the applicantapplicant The person who applies for a court order.’s request for an order.
- Changing an order is known as varying an order, and the updated order is known as a variation order.
Get started
Learn the basics about the two family courts and five laws in Alberta before you get or respond to a court order.
Next, figure out what issues you want resolved. The court can make orders about many issues, including:
- child support
- spousal/partner support
- parenting time
- guardianship and decision-making authority
- a non-guardian having contact time with a child
- dividing property after a separation
Identify what issues you want the court’s help to resolve. It is a good idea to learn more about the law that applies to these issues so you understand what kind of order the court can make.
You can also ask the court to address more than one issue at the same time. For example, you may ask the court for an order that names you as the primary parent and also directs the other parent to pay you child support.
Guided pathway
Not sure which court and law to use? Find out!
Requirements to complete before going to court
Are you going to the Court of Justice or the Court of King’s Bench in Edmonton and area (Stony Plain, St. Albert, Sherwood Park, Leduc and Fort Saskatchewan), Calgary, Red Deer or Grande Prairie? If yes, in most cases you must complete four mandatory pre-court requirements before you can apply for a court order.
Learn more on the Complete mandatory pre-court requirements page.
Deal with issues under the Family Law Act
If you are dealing with a situation governed by the Family Law Act, you may be able to use either the Court of Justice or the Court of King’s Bench.
The Court of Justice can deal with most family issues described in the Family Law Act, including child support, spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support., parenting time and decision-making authority and more.
However, certain issues can only be dealt with in the Court of King’s Bench. These include:
- exclusive possession of the home or household goods
- parentage
- irreconcilability
- holding money in trust or dealing with real property
The steps for the applicants and respondents in the dropdowns below are for both the Court of Justice and the Court of King’s Bench. If you are in the Court of King’s Bench, you must also follow the process on the Go to the Court of King’s Bench page.
- Complete one Claim – Family Law Act form plus all the Statements that apply to your situation. Find the following Statements on the Alberta Courts’ website.
Child support
- To get a child support order for the first time: Statement – Child Support
- To change a child support order if you are the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.: Payor’s Statement – Vary Child Support
- To change a child support order if you are the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent.: Recipient’s Statement – Vary Child Support
Spousal/partner support
- To get a spousal support order for the first time: Statement – Spousal/Partner Support
- To change a spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. order if you are the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.: Payor’s Statement – Vary Spousal/Partner Support
- To change a spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. order if you are the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent.: Recipient’s Statement – Vary Spousal/Partner Support
Parenting
- To get a parenting order as the sole guardian: Statement – Parenting (Sole Guardian)
- To get a parenting order for parenting arrangements other than sole guardianship: Statement – Parenting
- To change a parenting order: Statement – Vary Parenting
Contact
- To ask the court permission to apply for a contact order: Statement – Permission from the Court (To Apply for Contact)
- To get a contact order: Statement – Contact
- To change a contact order: Statement – Vary Contact
Other issues
- For other situations, find more forms on the Court of Justice website or the Court of King’s Bench website, depending on which court you are using.
- If you are also sharing your financial information with the other person and the court to calculate child support or spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support., complete the following forms:
- Financial Disclosure Statement – Do not sign it as the court clerk will ask you to swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true./affirmaffirm To promise something is true and binding on your conscience. It is a non-religious option. For example, to affirm an affidavit means to promise its contents are true. it is true when you file it. Remember to attach copies of your financial documents.
- If the other person has not shared their financial information and you’re in the Court of Justice: Request for Financial Information
- If the other person has not shared their financial information and you’re in the Court of King’s Bench: Notice to Disclose
- Make three copies of each form: one for you, one for the court and one for the respondentrespondent The person who responds to the applicant’s request for an order..
- File your forms at the right courthouse.
- If you are getting a variation order or have already been to court to deal with other separation issues, use the same file number and courthouse as before.
- If you have not yet been to court to deal with separation issues, choose the courthouse closest to you, depending on whether you are using the Court of Justice or the Court of King’s Bench. The court clerk will give you a new file number.
- The court clerk will schedule a court date.
- Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
- Serve a copy of your filed forms on the respondentrespondent The person who responds to the applicant’s request for an order.. Complete and file an Affidavit of Service – Applicant to prove you served them before the court date.
- You will get copies of the respondentrespondent The person who responds to the applicant’s request for an order.’s filed court forms.
- If the respondentrespondent The person who responds to the applicant’s request for an order. brings up new issues in their forms, you can respond. Complete and file a Reply Statement(s) with the court and serve the respondentrespondent The person who responds to the applicant’s request for an order. with a copy at least 5 days before the court date. Complete and file another Affidavit of Service – Applicant to prove you served your Reply Statement(s) on the respondentrespondent The person who responds to the applicant’s request for an order. before the court date.
- Show up for your scheduled court date.
- You will get copies of the applicantapplicant The person who applies for a court order.’s filed court forms. Do not ignore them. Note the court date and what you must do and by when.
- Complete one Response – Family Law Act form plus Reply Statements that match each of the applicantapplicant The person who applies for a court order.’s Statements. Find the following Reply Statements on the Alberta Courts’ website.
Child support
- To get a child support order for the first time: Reply Statement – Child Support
- To change a child support order if you are the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.: Reply to Recipient’s Statement – Vary Child Support
- To change a child support order if you are the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent.: Reply to Payor’s Statement – Vary Child Support
Spousal/partner support
- To get a spousal support order for the first time: Reply Statement – Spousal/Partner Support
- To change a spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. order if you are the payorpayor A person who pays money to another person. For example, a person who pays child support to the other parent.: Reply to Recipient’s Statement – Vary Spousal/Partner Support
- To change a spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support. order if you are the recipientrecipient A person who receives money from another person. For example, a person who receives child support from the other parent.: Reply to Payor’s Statement – Vary Spousal/Partner Support
Parenting
- To get a parenting order as the sole guardian: Reply Statement – Parenting
- To get a parenting order for parenting arrangements other than sole guardianship: Reply Statement – Parenting
- To change a parenting order: Reply Statement – Vary Parenting
Contact
- To ask the court permission to apply for a contact order: Reply Statement – Permission from the Court (To Apply for Contact)
- To get a contact order: Reply Statement – Contact
- To change a contact order: Reply Statement – Vary Contact
Other issues
- For other situations, find more forms on the Court of Justice website or the Court of King’s Bench website, depending on which court you are using.
- Make three copies of each form: one for you, one for the court and one for the applicantapplicant The person who applies for a court order..
- If the applicantapplicant The person who applies for a court order. is asking for your financial information to calculate child support or spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support., complete a Financial Disclosure Statement. Do not sign it as the court clerk will ask you to swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true./affirmaffirm To promise something is true and binding on your conscience. It is a non-religious option. For example, to affirm an affidavit means to promise its contents are true. it is true when you file it. Remember to attach copies of your financial documents.
- File your forms at the same courthouse and using the same court file number that is on the applicantapplicant The person who applies for a court order.’s forms.
- Serve a copy of your filed forms on the applicantapplicant The person who applies for a court order. at least 10 days before the court date. Complete and file an Affidavit of Service – Respondent to prove you served them before the court date.
- Show up for your scheduled court date.
Deal with issues under the Divorce Act
Only the Court of King’s Bench can deal with issues under the Divorce Act.
Once you file a Statement of Claim for divorce, you can ask the court for orders to deal with corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues. under the Divorce Act. This includes issues about parenting time, decision-making authority, child support or spousal/support. Remember, the court will not grant your divorce until you have resolved these issues.
Learn how to file for divorce on the Get a divorce page. To get a court order, you must also follow the process on the Go to the Court of King’s Bench page.
- Complete a Family Application and Affidavit. If you are not sure what to put in your Affidavit, read the Write an affidavit page.
- If you are also sharing your financial information with the other person and the court to calculate child support or spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support., complete the following forms:
- Financial Disclosure Statement – Do not sign it as the court clerk will ask you to swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true./affirmaffirm To promise something is true and binding on your conscience. It is a non-religious option. For example, to affirm an affidavit means to promise its contents are true. it is true when you file it. Remember to attach copies of your financial documents.
- If the other person has not shared their financial information: Notice to Disclose
- Make three copies of each form: one for you, one for the court and one for the respondentrespondent The person who responds to the applicant’s request for an order..
- File your forms at the same courthouse and using the same court file number as on the Statement of Claim for Divorce.
- The court clerk will schedule a court date.
- Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
- Serve a copy of your filed forms on the respondentrespondent The person who responds to the applicant’s request for an order.. Complete and file an Affidavit of Service to prove you served them before the court date.
- You will get copies of the respondentrespondent The person who responds to the applicant’s request for an order.’s filed court forms.
- If the respondentrespondent The person who responds to the applicant’s request for an order. brings up new issues in their forms, you can respond. Complete and file another Affidavit with the court and serve it on the respondentrespondent The person who responds to the applicant’s request for an order. at least 5 days before the court date. Complete and file another Affidavit of Service to prove you served your second Affidavit on the respondentrespondent The person who responds to the applicant’s request for an order. before the court date.
- You will get copies of the applicantapplicant The person who applies for a court order.’s filed court forms. Do not ignore them. Note the court date and what you must do before then.
- Complete an Affidavit. If you are not sure what to put in your Affidavit, read the Write an affidavit page.
- If the applicantapplicant The person who applies for a court order. is asking for your financial information to calculate child support or spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support., complete a Financial Disclosure Statement. Do not sign it as the court clerk will ask you to swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true./affirmaffirm To promise something is true and binding on your conscience. It is a non-religious option. For example, to affirm an affidavit means to promise its contents are true. it is true when you file it. Remember to attach copies of your financial documents.
- If you want to ask the court for new things the applicantapplicant The person who applies for a court order. did not mention in their forms, file your own Family Application. This is known as a cross-applicationcross-application The respondent’s own application to court in response to the plaintiff’s application..
- Make three copies of each form: one for you, one for the court and one for the applicantapplicant The person who applies for a court order..
- File your forms at the same courthouse using the same court file number that is on the applicantapplicant The person who applies for a court order.’s forms.
- Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
- Serve a copy of your filed forms on the applicantapplicant The person who applies for a court order.. Complete and file an Affidavit of Service to prove you served them before the court date.
Divide property using the Family Property Act
Only the Court of King’s Bench can make an order to divide property under the Family Property Act. This law only applies to couples who were married or in an adult interdependent relationship.
Before you can get a court order under the Family Property Act, you must take two steps:
- File a Statement of Claim form to start a court claim to divide property. Learn more on the When you can’t agree how to divide your assets and debts page.
- Make sure you meet one of the conditions below to apply for an order.
Then, to get a court order, follow the steps below to complete the right forms and on the Go to the Court of King’s Bench page to get into court.
Conditions if you were married:
- the court has granted a divorce judgment
- the court has annulled the marriage
- you have a judgment of judicial separation
- you have a declaration of irreconcilabilitydeclaration of irreconcilability A declaration from the court that says spouses or adult interdependent partners have no prospect of reconciling with each other. It is one way to prove a relationship is over.
- the court is satisfied you have been living separate and apart for at least one year
- one person is transferring or gifting property to someone else, or otherwise getting rid of property, to reduce your rights to that property
Conditions if you were in an adult interdependent relationship:
- you are no longer adult interdependent partners
- one person is transferring or gifting property to someone else, or otherwise getting rid of property, to reduce your rights to that property
- Complete a Family Application and Affidavit. If you are not sure what to put in your Affidavit, read the Write an affidavit page.
- If you are also sharing your financial information with the other person and the court:
- Financial Disclosure Statement – Do not sign it as the court clerk will ask you to swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true./affirmaffirm To promise something is true and binding on your conscience. It is a non-religious option. For example, to affirm an affidavit means to promise its contents are true. it is true when you file it. Remember to attach copies of your documents.
- If the other person has not shared their financial information: Notice to Disclose
- Make three copies of each form: one for you, one for the court and one for the respondentrespondent The person who responds to the applicant’s request for an order..
- File your forms at the same courthouse and using the same court file number as on the Statement of Claim.
- The court clerk will schedule a court date.
- Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
- Serve a copy of your filed forms on the respondentrespondent The person who responds to the applicant’s request for an order.. Complete and file an Affidavit of Service to prove you served them before the court date.
- You will get copies of the respondentrespondent The person who responds to the applicant’s request for an order.’s filed court forms.
- If the respondentrespondent The person who responds to the applicant’s request for an order. brings up new issues in their forms, you can respond. Complete and file another Affidavit with the court and serve it on the respondentrespondent The person who responds to the applicant’s request for an order. at least 5 days before the court date. Complete and file another Affidavit of Service to prove you served your second Affidavit on the respondentrespondent The person who responds to the applicant’s request for an order. before the court date.
- You will get copies of the applicantapplicant The person who applies for a court order.’s filed court forms. Do not ignore them. Note the court date and what you must do before then.
- Complete an Affidavit. If you are not sure what to put in your Affidavit, read the Write an affidavit page.
- If the applicantapplicant The person who applies for a court order. is asking for your financial information, complete a Financial Disclosure Statement. Do not sign it as the court clerk will ask you to swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true./affirmaffirm To promise something is true and binding on your conscience. It is a non-religious option. For example, to affirm an affidavit means to promise its contents are true. it is true when you file it. Remember to attach copies of your financial documents.
- If you want to ask the court for new things the applicantapplicant The person who applies for a court order. did not mention in their forms, file your own Family Application. This is known as a cross-applicationcross-application The respondent’s own application to court in response to the plaintiff’s application..
- Make three copies of each form: one for you, one for the court and one for the applicantapplicant The person who applies for a court order..
- File your forms at the same courthouse using the same court file number that is on the applicantapplicant The person who applies for a court order.’s forms.
- Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
- Serve a copy of your filed forms on the applicantapplicant The person who applies for a court order.. Complete and file an Affidavit of Service to prove you served them before the court date.
Divide property using property law principles
You can use property law principles to ask the court to help you divide property if you are separated from your partner and were not married and not in an adult interdependent relationship.
Which court you use depends on what kind of property you are dealing with.
If you are dealing with personal propertypersonal property Any property a person owns that is not real estate. Examples include vehicles, furniture, bank accounts and clothes., you can use the Court of Justice to deal with claims worth up to $100,000. Follow the process on the When you can’t agree how to divide your assets and debts page.
If your claim is for real estate or for personal propertypersonal property Any property a person owns that is not real estate. Examples include vehicles, furniture, bank accounts and clothes. worth over $100,000, you must use the Court of King’s Bench. However, you must first file a Statement of Claim. Follow the process for filing a claim on the When you can’t agree how to divide your assets and debts page. Once you have filed a claim in the Court of King’s Bench, follow the process below to get a court order.
- Complete an Application – Civil and Affidavit. Find these forms on the Court’s website. If you are not sure what to put in your Affidavit, read the Write an affidavit page.
- Make three copies of each form: one for you, one for the court and one for the respondentrespondent The person who responds to the applicant’s request for an order..
- File your forms at the same courthouse and using the same court file number as on the Statement of Claim. When you are at the courthouse, go to the civil counter, not the family counter.
- The court clerk will schedule a court date.
- Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
- Serve a copy of your filed forms on the respondentrespondent The person who responds to the applicant’s request for an order.. Complete and file an Affidavit of Service to prove you served them before the court date.
- You will get copies of the respondentrespondent The person who responds to the applicant’s request for an order.’s filed court forms.
- If the respondentrespondent The person who responds to the applicant’s request for an order. brings up new issues in their forms, you can respond. Complete and file an Affidavit with the court and serve it on the respondentrespondent The person who responds to the applicant’s request for an order. at least 5 days before the court date. Complete and file another Affidavit of Service to prove you served your second Affidavit on the respondentrespondent The person who responds to the applicant’s request for an order. before the court date.
- Go to court on the scheduled date.
- You will get copies of the applicantapplicant The person who applies for a court order.’s filed court forms. Do not ignore them. Note the court date and what you must do before then.
- You can respond by filing your own Affidavit. Find these forms on the Court’s website. If you are not sure what to put in your Affidavit, read the Write an affidavit page.
- If you want to ask the court for new things the applicantapplicant The person who applies for a court order. did not mention in their forms, file your own Application. This is known as a cross-applicationcross-application The respondent’s own application to court in response to the plaintiff’s application..
- Make three copies of each form: one for you, one for the court and one for the applicantapplicant The person who applies for a court order..
- File your forms at the same courthouse and using the same court file number as on the applicantapplicant The person who applies for a court order.’s forms.
- The court clerk will schedule a court date.
- Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
- Serve a copy of your filed forms on the applicantapplicant The person who applies for a court order.. Complete and file an Affidavit of Service to prove you served them before the court date.
- Go to court on the scheduled date.
Potential issues
One person is not responding to court forms.
You can ask the court to note the person in defaultnote in default Direction from the court to continue a court proceeding based on one party’s documents even though the other party has not responded to the proceeding. The party can ask the court to note the other party in default after proving they properly served the other party with the court documents. after proving in an Affidavit of Service that you properly served them.
It is challenging or impossible to serve court forms on one person.
You may need to get an order for substitutional service to allow you to serve the person in non-traditional ways.