As of December 18, 2023, the Court of King’s Bench and the Alberta Court of Justice (formally the Provincial Court), have established the requirement that four mandatory pre-court requirements are met prior to a person bringing forward an application, which also includes filing of a family docket court notice to attend, in the court of King's Bench.  These requirements apply to court cases in Edmonton and Calgary, and are likely to expand to further judicial centres in Alberta.

What are the Requirements?

These are required for people who are both self-representing or have legal counsel.

1. Completion of the online Parenting After Separation Course (PAS) (if applicable): it is applicable if there are children under 16 years of age that are in the family dispute.  NOTE: this course must have been taken within the last two years.
2. Meeting with a Family Court Counsellor (FCC) (for self-represented parties with dependent children): this is similar to the program that was available for the ACJ and now will also be available for self-represented parties in the Court of King’s Bench.  Again this is only applicable if the parties have children and are self-represented.
3. Providing Financial Disclosure: this has been required for some time to get a Child Support Resolution Program (CRSP) date (formally known as the Dispute Resolution Office) but is now for all family law matters in the two levels of Court;  and
4. Participation in an Alternative Dispute Resolution (ADR) process.

Of these four, the final one is the only truly new process requirement. 

What is considered an (ADR) process?

The Court has deemed that ADR process is considered a “less formal process that allows for parties to reach their own agreement” and has the assistance of a neutral third party to assist with the conflict. Parties will need to have attended this within six months of bringing a court application and must be relevant to the matters in the Court application.

Who can be my Neutral Third party?

The suggested options for a proper neutral third party include parties who have familiarity of parenting conflict, family violence, property or support matters. The Court suggests as options:

1. Mediation with members of the Alberta Dispute Resolution Institute of Alberta (ADRIA)  Alberta Family Mediation Society, or lawyers who have similar qualifications as required by these associations
2. Attendance at the Child Support Resolution Program (CRSP)
3. Attendance at a Collaborative Law settlement conference

Are there exceptions to the filing requirements?

Litigants can obtain a waiver, of one or all of the requirements, however, it is advised that these are only given on a limited basis, and parties are encouraged to complete all 4 requirements if possible, and if not, then information will need to be provided to confirm which requirement may be waived.  The lawyers at Family Central Law are experienced at dealing with these matters and how to advise on the most efficient way of your case being heard.   If you need guidance on navigating your matter being heard kindly reach out to our office.

Regarding client needs for obtaining either mediation or mediation-arbitration services At Family Central Law LLP, Alison Chickloski is a member of ADRIA, a registered CRSP officer and meets all the qualifications of a mediator for both ADRIA and AFMS.  She has taken extensive courses on mediating divorce and separation matters, interest-based negotiation and recently completed the mediation of high-conflict mediation course.  She is a member of the Calgary chapter of the Association of Family and Conciliation Courts as well.  Alison offers reduced fees for mediation and lower retainers for those parties with counsel attending. 

Contact us today for a free introductory 30-minute call with one of our lawyers by calling: 587-392-7970 or by emailing: info@familycentrallaw.com, or by completing and submitting a consultation form available on our website.