In Alberta, “family court” refers to the courts that deal with legal issues related to families. This includes issues like family violence, parenting time and decision-making authority for children (formerly called “custodycustody A term previously used in Canada’s Divorce Act to describe a parent’s time with and decision-making authority for a child. The correct terms are now “parenting time” and “decision-making responsibility”. Learn more on the Being a parent or guardian page.”), adoption and guardianship, separation or divorce from a spouse/partner, support payments, and property issues such as dividing assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments. and debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans.. The courts make decisions based on the laws that govern family issues.
Even if you and the other person are making an agreement about a legal issue outside of court, this page will help you know which laws apply to your situation.
Going to court takes time and money. If possible and safe to do so, try to resolve the issue with the other person first. Going to court should always be your last resort.
Need to know
- Two courts and five laws deal with family issues in Alberta.
- Which law and court applies to your situation depends on what issue you need to resolve.
- If you live in Edmonton or Calgary, sometimes the process is a bit different.
- You can only file for divorce in the Court of King’s Bench.
Did you know?
Many family issues can be resolved outside of court. This is often cheaper and faster. If you don’t feel comfortable dealing with a family issue on your own, you can get help from a professional. Learn more about alternatives to going to court on the Ways to resolve disputes page.
What is family court
Family court usually refers to a court with the authority to grant orders about family issues, such as a couple’s separation.
There are two courts in Alberta where you can start a legal proceeding about a family issue: the Alberta Court of Justice and the Court of King’s Bench of Alberta. Which court you use depends on what issue you are asking the court to resolve.
Going to court should be a last resort. Families should first try to resolve the issue themselves or with the help of a professional. In fact, the court usually requires the family to try to resolve the issues on their own first before the court will get involved.
However, it is sometimes necessary or beneficial to ask the court for help. For example, you might be experiencing family violence or the other person might not be willing to make an agreement outside of court.
Pros and cons of going to court
PROS
- The court can ensure everyone’s voice is heard, especially if there is a history of family violence or if the people involved cannot communicate with each other.
- If the court makes an order and one person is not following it, the court can make further orders to enforce the original order, including involving the police or ordering fines.
- The court’s purpose is to grant orders that are fair and reasonable and in the best interests of any child involved.
CONS
- A justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. who does not know you or your family makes decisions based on the evidence before them.
- If the court makes an order, only the court can change it.
- Going to court can be expensive and take a long time.
Who can go to family court
Anyone who has a family law issue can go to family court, including:
- separated and divorcing spouses
- separated adult interdependent partners
- unmarried couples who are not in an adult interdependent relationship but are dealing with issues related to a child, such as parenting and child support
- legal guardians of a child
- anyone applying for guardianship of a child
- anyone applying for contact with a child
- anyone involved with Children’s Services, also known as CFS
Family courts in Alberta
Two courts in Alberta deal with family issues:
- the Court of Justice
- the Court of King’s Bench
Which court you use depends on which issues you need help with. If both courts can deal with your issue, you can choose which court you want to go to.
Guided pathway
Not sure which court and law to use? Find out!
If you need to deal with any of the following, you must use the Court of King’s Bench:
- exclusive possession of the family home or household goods
- divorces and other family issues under the Divorce Act
- dividing property under the Family Property Act
- dividing personal propertypersonal property Any property a person owns that is not real estate. Examples include vehicles, furniture, bank accounts and clothes. or real estate using general property principles, including the law of unjust enrichmentunjust enrichment A claim under property law principles that a person makes to protect property rightfully owed to them. To prove unjust enrichment, you must prove: 1. One person received an enrichment (benefit). 2. You suffered a loss or spent money on the property. 3. There is no legal reason for the enrichment (for example, it wasn’t a gift).
- declaring who a child’s parents are
- declaring spouses or partners are not going to reconcile
- holding money in trust or dealing with real estate
- adoption
- surrogacy
Court of Justice
The Court of Justice was previously known as the Provincial Court. It is the lower court in Alberta. Judges in this court are known as justices.
The Court of Justice is the more user-friendly court in Alberta. Some call it the court of the people, as many people represent themselves in this court. This court has fewer formal rules than other courts in the province. It also has more locations across the province, making it more accessible.
The family division of the Court of Justice can deal with many family issues under two laws: the Family Law Act and the Child, Youth and Family Enhancement Act.
PROS
- court fees are lower
- fewer formal rules and processes
- more locations across the province
- more user-friendly for those who are representing themselves
CONS
- no questioning process, which means you may not discover new evidence
- cannot deal with all family law issues
Court of King’s Bench
The Court of King’s Bench is known as the superior court in Alberta. The federal government appoints the judges in this court, who are also known as justices.
The Court of King’s Bench is less user-friendly than the Court of Justice. It has more complicated processes and takes more time to deal with things. It also has fewer locations across the province, meaning people may have to travel to bigger cities to go to court.
The family division of the Court of King’s Bench can deal with all family law issues under all family laws.
PROS
- can deal with all family law issues, including divorces and dividing property
- allows applicants and respondents to go through the questioning process before a trialtrial A court appearance that resolves all outstanding legal issues in a court cases. A trial includes hearing oral evidence from witnesses and can take several days depending on the issues to be resolved. to help them discover new evidence
CONS
- court fees are higher
- process is more complicated
- all users, including lawyers and those who are representing themselves, must follow the Alberta Rules of Court
- fewer locations across the province
If you are in Edmonton or Calgary
Before you can start any court process or file court forms, you must go to a special court within the Court of King’s Bench, known as Family Docket Court. This applies even if you have already been to court to deal with other issues. At Family Docket Court, the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. directs you on what to do next. Learn more on the Go to Family Docket Court page.
Did you know?
Sometimes you can appeal the decision a justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. makes. Usually, you must file the appeal in the next level of court. You must also have a good reason to appeal the decision. Learn more on the After you go to court page.
Family laws in Alberta
In Alberta, five pieces of legislation deal with family issues:
- Alberta’s Family Law Act
- Alberta’s Family Property Act
- Canada’s Divorce Act
- Alberta’s Child, Youth and Family Enhancement Act
- Alberta’s Protection Against Family Violence Act
Which law applies to you depends on your situation.
Guided pathway
Not sure which court and law to use? Find out!
If you are getting a divorce
Before you file for divorce, you can start dealing with most family issues using the Family Law Act in either the Court of Justice or the Court of King’s Bench.
But if you need to deal with assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments. and debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans., you must use the Family Property Act in the Court of King’s Bench for those issues. Once you file for divorce, you must deal with your divorce and all other family issues — except dividing property — using the Divorce Act in the Court of King’s Bench.
Family Law Act
The Family Law Act deals with the following family issues in Alberta:
- figuring out who a child’s parents and guardians are
- surrogacy
- child support
- spousal support and partner support
- parenting time
- the powers and responsibilities of guardianship
- contact with a child
To deal with issues under the Family Law Act, you can start a legal process in either the Court of Justice or the Court of King’s Bench.
Family Property Act
The Family Property Act deals with dividing property in Alberta when a marriage or adult interdependent relationship ends. It only applies to spouses and partners. It does not apply to unmarried couples who are not adult interdependent partners.
To deal with issues about dividing property under the Family Property Act, you must start the legal process in the Court of King’s Bench.
Learn more about dividing property when a relationship ends on the Rules for dividing everything up page.
Divorce Act
The Divorce Act deals with divorces. It only applies to spouses who are or were legally married. The Divorce Act applies across Canada.
As well as saying how to get a divorce, it covers many of the same issues as the Family Law Act, including child support, spousal support, parenting time and decision-making authority for a child.
The Divorce Act and the Family Law Act are very similar when it comes to these issues, known as 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.. This is so that married couples and adult interdependent partners and their children are treated similarly when a relationship ends.
To file for divorce and 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, you must start the legal process in the Court of King’s Bench. Learn more on the Get a divorce page.
Child, Youth and Family Enhancement Act (CYFEA)
The Child, Youth and Family Enhancement Act (CYFEA) deals with adoptions as well as concerns about a child’s safety and wellbeing. For example, the CYFEA says what happens when Children’s Services, also known as CFS, gets involved or apprehends a child.
The Court of Justice can deal with many issues under the CYFEA. However, only the Court of King’s Bench can deal with the following:
- granting a restraining order that prohibits a person from living with, contacting or associating with a child
- granting an adoption
- granting an order that allows a CFS representative to enter, photograph, and inspect a residential facility where an apprehended child is staying, such as foster homefoster home A temporary place where a child can live when they can’t stay with their own families. In Alberta, foster homes are approved and regulated by the government. or group home
Learn more on the If Children’s Services is involved page.
Protection Against Family Violence Act
The Protection Against Family Violence Act helps protect victims of family violence from further violence. It describes an Emergency Protection Order, also known as an EPO, and a King’s Bench Protection Order, also known as a KBPO.
The Court of Justice or a justice of the peace can grant an EPO. Within nine days of the order being granted, the Court of King’s Bench holds a review hearing to review the terms of the EPO. At the review hearing, the court can take a number of actions, including granting a KBPO.
Learn more about protection orders on the What to do about family violence page.
The court process
Everyone’s journey through the court process looks different. Many people resolve their issues with the other person before getting to a trialtrial A court appearance that resolves all outstanding legal issues in a court cases. A trial includes hearing oral evidence from witnesses and can take several days depending on the issues to be resolved., which is a final resolution of all outstanding issues.
Below are some steps you may take in your case.
You can start a court process in one of two ways, depending on which court and law you are using.
If you are using the Family Law Act in the Court of Justice or the Court of King’s Bench, the applicantapplicant The person who applies for a court order. files a Claim – Family Law Act and related statements. Then the court schedules a date to hear from you and the other person. Learn more about this process on the Get or respond to a court order page.
If you are using the Divorce Act, the Family Property Act or general property principles, the plaintiffplaintiff The person who files a Statement of Claim with the court. files a Statement of Claim in the Court of King’s Bench. Learn more on the following pages:
Once you file court documents, you usually must serve them on the other person. To serve someone means to give them to the other person in a way that can be proven to the court.
Once you have served the other person, you must complete and file an Affidavit of Service to prove you completed this step. Learn more on the Serve court documents page.
Starting a court action under the Divorce Act, the Family Property Act or general property principles only alerts the court and the other person that you have a claim.
If you want the court to make a decision about an issue, you must apply for a court order, known as an applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues.. The other person can respond to your applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues. and may file their own. Learn more on the Get or respond to a court order page.
There are many ways to resolve a dispute without going to court. If you start a court action, you and the other person can still resolve your dispute at any time on your own or with the help of a professional. Learn more on the Ways to resolve disputes page.
Making a consent order is also a way to resolve disputes. This is an order about something you and the other person agree to without the court’s help. Then you present it to the court for its approval. Learn more on the Make a consent order page.
Both the Court of Justice and the Court of King’s Bench have resolution processes, some of which are mandatory to complete. The goal is to help you and the other person resolve your issues without going all the way to a trialtrial A court appearance that resolves all outstanding legal issues in a court cases. A trial includes hearing oral evidence from witnesses and can take several days depending on the issues to be resolved..
If you and the other person are in the Court of King’s Bench and are heading to Special ChambersSpecial Chambers Courtrooms that are open to the public where the people in a case have more than 20 minutes to talk to the justice. Special Chambers is not the same as a trial because the justice can grant an interim order to move the case along, not make a final decision. or a trialtrial A court appearance that resolves all outstanding legal issues in a court cases. A trial includes hearing oral evidence from witnesses and can take several days depending on the issues to be resolved., you must file and serve an affidavit of records. This affidavit is a list of all the documents you are using as evidence to prove your claim. Attached to your affidavit are copies of the documents as exhibits.
Learn more on the Write an affidavit page.
Questioning is a process only available in the Court of King’s Bench. It is a step you can take after you share your affidavit of records with each other and before your Special ChambersSpecial Chambers Courtrooms that are open to the public where the people in a case have more than 20 minutes to talk to the justice. Special Chambers is not the same as a trial because the justice can grant an interim order to move the case along, not make a final decision. or trialtrial A court appearance that resolves all outstanding legal issues in a court cases. A trial includes hearing oral evidence from witnesses and can take several days depending on the issues to be resolved. date.
It is a way to gather evidence about each person’s position and can help resolve the issues before your court date.
If you have filed court documents in the Court of Justice, you can ask the court to move your file to the Court of King’s Bench so you can question a partyparty An individual or business involved in a court case.. To decide whether moving your file makes sense, read the pros and cons of each court above.
Learn more on the Prepare for questioning page.
You may have to go to court for many different reasons, including to get a court order, to present the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. with a consent order, for Special ChambersSpecial Chambers Courtrooms that are open to the public where the people in a case have more than 20 minutes to talk to the justice. Special Chambers is not the same as a trial because the justice can grant an interim order to move the case along, not make a final decision. or for a trialtrial A court appearance that resolves all outstanding legal issues in a court cases. A trial includes hearing oral evidence from witnesses and can take several days depending on the issues to be resolved..
Usually you will have a scheduled court date. Sometimes you can go to court without booking a date or telling the other partyparty An individual or business involved in a court case., known as without noticewithout notice A court appearance where the applicant does not have to serve court documents or give notice about the court date beforehand to the respondent. applications.
Preparing before you go is a good idea, so you are organized and know what to expect. After you go to court, there are also important things you must consider, like costscosts Money the more successful party in a court proceeding can ask the justice to order the less successful party to pay. Costs reimburse the more successful party for having to go through the court process to get a resolution., appealing the decision and enforcing the order.
Learn more on the following pages:
Take action
Make a consent order
How to prepare and ask the court for a consent order.
Go to Family Docket Court
Going to the Court of King’s Bench in Edmonton or Calgary.
Get or respond to a court order
Ask the court for an order to resolve family issues.
Serve court documents
Different ways to serve court documents on the other person.
Write an affidavit
How to write different kinds of affidavits for court.
Prepare for questioning
Prepare for this pre-trialtrial A court appearance that resolves all outstanding legal issues in a court cases. A trial includes hearing oral evidence from witnesses and can take several days depending on the issues to be resolved. step in the Court of King’s Bench.
Before you go to court
What to do before you go to court and while you are there.
After you go to court
What to do after you go to court, such as costscosts Money the more successful party in a court proceeding can ask the justice to order the less successful party to pay. Costs reimburse the more successful party for having to go through the court process to get a resolution. and appeals.