Court Process of Alberta Parenting Cases (Child Custody)
You'll enter the court process if you want a parenting order to clarify who has what powers and responsibilities when it comes to parenting your child. Both the Court of King's Bench and Alberta Court of Justice handle cases for parenting arrangements, decision-making responsibility, child support and guardianship. If you want to end your marriage, you must go to the Court of King's Bench and follow the divorce process.
Ideally, parents reach a full agreement, then ask the court to make an order reflecting it in Step 1 below. If you don't agree when you start your case, you can continue pursuing an agreement throughout the court process. The process will jump to Step 6 if you reach an agreement.
Possible: Go to an intake appointment (Alberta Court of Justice only)
Before you start a case in Calgary or Edmonton, you must book and attend an intake appointment with a family court counsellor (FCC). You're exempt if you have a lawyer or if you're only asking for child support.
All parents who have FCCs in their courts should consider going even if the intake is not required. FCCs can — for free — help you figure out how to resolve your case and connect you to resources for your family. They can also help you fill out the forms to start your case.
The intake appointment will address:
- The safety of you and your child
- Alternative methods of resolving your case
- Resources that can help you (e.g., Parenting After Separation and Parenting After Separation for Families in High Conflict courses)
- The impact of conflict on your children
- The court process
Step 1: Start your case
If you have a parenting agreement, you can ask for a consent order right away. If a judge approves your request, the process will jump to Step 6.
If you don't have an agreement, start your case by filing a claim under the Family Law Act. Either you or an adult who is not involved in your case must serve (give) copies of your forms to the other parent to officially begin your case.
You can request interim orders now so you can get official parenting arrangements sooner. Ask for an interim order on an urgent basis if there's an emergency. Interim orders are replaced by final orders at the end of a case. Some parents leave the court process after getting interim orders since the orders don't expire.
Possible step: Complete the Family Justice Strategy process (Court of King's Bench only)
Parents who live in the Greater Edmonton area, Calgary, Red Deer or Grande Prairie must do the following as part of the court's Family Justice Strategy. You can skip this step if there is an emergency or the court has given you a waiver.
- Complete an online Parenting After Separation course
- Meet with a Family Court Counsellor (if you're representing yourself)
- Fill out and file a Financial Disclosure Statement (if you're requesting child support)
- Try an alternative dispute resolution (ADR) method
If you reach an agreement in ADR, skip to Step 6.
Possible step: Go to a caseflow conference
If you live in Calgary, Edmonton, Grand Prairie or Red Deer and are representing yourself, you must attend a caseflow conference.
If you live elsewhere, you'll go right to Step 2.
A caseflow conference is a private, informal conversation among the parents and a caseflow coordinator. Lawyers attend, too, if either parent has one. You'll talk about what you're asking for, ways to reach an agreement and services that can help, like mediation. You may even negotiate an agreement.
When going to a caseflow conference, bring a proposed parenting agreement to show your ideal arrangement for raising the kids. If you're discussing child support, bring financial documents and any child support information given to you by the FCC.
If you reach an agreement, the coordinator will prepare it for the judge to sign as a consent order.
If there's no agreement, the caseflow coordinator will help you decide the next step in your case. You may decide to take some time to get legal advice, go to mediation or take a parenting course. If you prefer, you can ask the coordinator to set a Docket Court date instead.
The court can refer your case back to a caseflow conference at any time.
Step 2: Attend an intake triage conference or Docket Court
Court of King's Bench
A mandatory intake triage (MIT) conference is a one-hour meeting between parents and an MIT justice.
You must fill out and file an MIT Summary and a Request for MIT Conference before the conference. You can find both forms online. File these forms with your local court and serve copies to the other parent. After service, file an Affidavit of Service with the court. The respondent has 14 days from the date of service to respond. You may respond to their response.
A case management officer will send you an email to schedule your conference. If you don't schedule it within 30 days, you must file and serve the MIT forms again.
At the MIT conference, the justice will prepare you for the settlement conference. They may also:
- Make interim and procedural orders
- Appoint a lawyer for the child
- Order a report from a parenting expert under Family Practice Note 7 or Note 8
The justice will prepare a conference report to give you and the court.
Alberta Court of Justice
During Docket Court, a judge will briefly go over your case to figure out what the next step should be. This session may happen online.
If attending in person, bring a pen and paper to take notes and write down any dates the judge gives you. Also, bring copies of the documents you filed. You can file your Affidavit of Service at this time if you haven't already and the respondent is there in person.
First, you'll check in with the judicial court clerk. The clerk will ask if you have a lawyer and if you've reached an agreement since starting your case. You should attend Docket Court even if you have an agreement so you can get a consent order the same day.
Once you're checked in, you'll wait for the clerk to call your case. It's an open court, so others will be able to listen to your conversation with the judge. You won't have much time in front of the judge. They will ask some basic questions about your case.
If you have an agreement, the process will jump to Step 6 after this.
If there's no agreement, the judge can:
- Postpone the case to allow parents time to get legal advice, try mediation, etc.
- Grant an interim order
- Order parents to attend a caseflow conference or judicial dispute resolution
- Schedule another Docket Court date
- Schedule a trial
- Dismiss the application if they don't think the case should proceed or if it has not been properly filed (rare)
Possible step: Attend a settlement conference (Court of King's Bench only)
A settlement conference gives parents a chance to reach an agreement. It's mandatory in all Court of King's Bench cases.
You'll have a different justice than the one who managed your MIT conference unless you and the other parent agree to have the same justice and the justice agrees to hear your case.
To request a settlement conference, fill out a Joint Request for Settlement Conference, and create a settlement memorandum. File the request with the court and email your memorandum to the address listed for your location on the memorandum instructions. Also, serve your memorandum to the other parent.
If you reach an agreement, you'll skip to Step 6.
Step 3: Participate in discovery
Discovery is how each side gathers information from the other to support their case. You'll exchange financial documents, settlement proposals, your children's health records and more.
If you're in the Court of King's Bench, discovery may involve questioning. This is when witnesses answer questions outside of court while under oath. You or your lawyer will prepare these questions to ask the other parent and their witnesses. There is typically no questioning if the case is in the Alberta Court of Justice.
Possible step: Go to judicial dispute resolution (Alberta Court of Justice only)
Judicial dispute resolution (JDR) is a private settlement conference with a judge that may happen before the scheduling of trial dates. This is not the same judge who will oversee your trial. JDR last 60 to 90 minutes.
After listening to each parent's side, the judge talks through ways to resolve the dispute and shares how they would rule in the case. If parents reach an agreement, the judge writes it up and the process skips to Step 6. Parents may choose to have binding dispute resolution if they want the judge to decide custody in case they can't agree.
Step 4: Attend a pretrial conference
Most judges order a pretrial conference to ensure both sides are ready to proceed to trial. This is required in the Court of King's Bench with the conference happening at least 90 days before your scheduled trial date.
If the judge determines your case is ready for trial at the conference, they will ask about your availability and schedule trial dates. The judge may give you some tasks to complete before trial, like providing up-to-date financial documents. The judge can cancel your trial if you do not comply.
If the judge determines your case is not ready for trial, they will make orders setting out what you must do to be ready. You may have to attend another pretrial conference before the court will schedule trial dates.
You may also try to negotiate the terms of a settlement during the conference. If you reach an agreement, the judge will write up the terms and you'll skip to Step 6.
Step 5: Go to trial
Trial is where each side presents arguments and evidence to support their case so the judge can make a decision.
Read the trial courtroom procedure to get an idea of what may happen during your trial. Also, review courtroom etiquette so you know what to do and what not to do while in court.
Step 6: Get a parenting order
After the judge makes a decision at trial or approves an agreement, they sign the parenting order.
The judge can adjust an agreement to ensure it meets the child's best interests.
If you believe the judge made a legal or factual error in their trial decision, you have one month to appeal. If your case was in the Alberta Court of Justice, you'll file your appeal in the Court of King's Bench. If your case was in the Court of King's Bench, you'll file your appeal with the Court of Appeal.
Throughout your case
During the court process, you may need to create a parenting plan, draft parenting time schedules, keep a log of interactions with the other parent and more.
The Custody X Change app enables you to do all of this in one place.
With customizable parenting calendars, a parenting plan template, a digital journal and more, Custody X Change makes sure you're prepared for whatever arises in your journey to parenting in two households.
Take advantage of our technology to stay on top of all the moving parts of your case.