The Family Law Act: 

• Gives clear guidelines on the rights and responsibilities of family members 
• Focuses on the best interests of the child, and 
• Encourages settlement of family law disputes.

You can pick forms up at your nearest courthouse or get them online at www.albertacourts.ab.ca/familyjusticeservices .

For most applications there is no filing fee.  You will never have an application fee for the Provincial Court of Alberta.  The only time you will pay an application fee in the Court of Queen’s Bench of Alberta is if you are seeking a Court Order that the Provincial Court cannot make.  For example, you would have to pay a $200 application fee if you want the Court of Queen’s Bench of Alberta to grant a divorce or order the division of property.

For most family matters, you can file an application to either the Provincial Court or the Court of Queen’s Bench.  Generally, the Provincial Court is less formal. 

However, there are certain family law matters where only the Court of Queen’s Bench can make an order. These matters are:

• Exclusive possession of the family home or household goods
• Declaration of Parentage (for all purposes of the law including surrogacy)
• Declaration of Irreconcilability
• Divorce
• Matrimonial property applications
• Financial support orders that deal with property or trusts.

Therefore, you should talk to your lawyer about whether you need an order that only the Court of Queen’s Bench can make, and to which court you should bring your application under the Family Law Act.  Sometimes it is better to apply for all orders in one court.  It is possible, however, to apply to Provincial Court for one order (eg. child support) and apply for another type of order (eg. property division) in the Court of Queen’s Bench.

There are different ways (alternative dispute resolution), and services available to help you resolve all or part of the family conflict, and come to an agreement without having to go to court.

For example, families who meet financial guidelines and have minor children may access mediation programs.  Family Court Counsellors/mediators are available in various areas of the province to help couples with custody and access orders in Court.  Self-referrals are accepted and you can call using the phone numbers listed below.  You may also be referred to mediation by the Courts, Family Court Counsellors, lawyers or Legal Aid.

Family Justice Services offers mediation and Family Court counseling services. You can call:

• Edmonton: Family Court Services (780) 427-8343;  Mediation Services (780) 427-8329
• Calgary: (403) 297-6981
• Elsewhere in Alberta: (403) 340-7187 or Toll Free – 310-0000

If you are able to pay for mediation, there are also societies that maintain lists of practicing mediators for referral.  Fees for these sessions vary according to the practitioner.

Alberta Family Mediation Society
1 (877) 233-0143
Website:  http://www.afms.ca

Alberta Arbitration and Mediation Society
Edmonton: (780) 433-4881
1 (800) 232-7214
Website:  http://www.aams.ab.ca/

Any application to court for relief under an Act which will be replaced by the new Family Law Act will not be affected as long as the application was commenced prior to October 1, 2005.

If a court date has been set, then you or your lawyer should appear in court on that day.  If you are unable to attend court on the date set you should contact the Court Clerks.  Otherwise, if you do not appear, the court could set a new date and not inform you of that date, or the court might proceed and make a decision (and a Court Order) without you providing any information.  In addition, if you are the applicant, the matter could be dismissed. 

Legal Representation: If you do not have a lawyer but feel you need legal representation, you may wish to contact:

Lawyer Referral Service

• 1-800-661-1095
• Website:  www.lawsocietyalberta.com

The Lawyer Referral Service provides the name of 3 lawyers in the local area who are familiar with family law.  You may contact a lawyer for a free half-hour interview.

Legal Aid Society of Alberta
Edmonton: (780) 427-7575
Calgary (403) 297-2260
Website:  www.legalaid.ab.ca

The Legal Aid Society of Alberta provides legal assistance at a reduced cost to people who cannot afford to pay a lawyer.  A person must apply to Legal Aid and provide financial information in order to determine if they qualify for assistance.

LAWLINE Call Centre
Edmonton:  (780) 644-7777
Toll Free: 1-800-866-845-3425
Website:  http://www.atlaslaw.ab.ca/

The program of the Legal Aid Society provides legal information and in some cases summary legal advice to callers.

Justice Family Services

• Edmonton: Family Court Services (780) 427-8343;  Mediation Services (780) 427-8329
• Calgary: (403) 297-6981
• Elsewhere in Alberta: (403) 340-7187 or Toll Free – 310-0000

If you are seeking information or assistance about a custody, access or private guardianship matter regarding a minor child, Family Mediation Services (Family Justice Services) can assist you at no cost.  Court Counselors are available to assist all parties involved in custody, access or parenting, contact and private guardianship matters.   They do not take sides in a dispute and they do not provide legal advice.

You may also contact the Family Law Information Centres, which offer information or assistance at no cost, and booklets for a small fee.

Family Law Information Centres
Edmonton: (780) 415-0404
Calgary: (403) 297-6600
Website:  www.albertacourts.ab.ca/familylaw/

The Family Law Information Centres provide information free of charge on topics pertaining to maintenance and child custody or access orders.  For a fee of $12 they can provide interested parties with an information package on how to pursue their own court applications.

You may also contact Calgary Legal Guidance (403) 234-9266 or Student Legal Services (Edmonton) (780) 492-8244 for information regarding what to expect in court.  Your local public library or law library may have books that offer information on family law matters.  Also, it may be helpful for you to attend the Courthouse in your area to watch family court proceedings prior to your own appearance in court.

As with the previous law, in most situations, the mother and father are the guardians of their children, and are responsible for supporting their well being and development.  In some limited situations, a parent may not be an automatic guardian.

The Family Law Act lists specific responsibilities and powers of a guardian.  Unless limited by a parenting order, each guardian is entitled:

• To be informed of, consulted with, and to make all significant decisions affecting the child
• To share the powers and responsibilities of guardianship with the other guardian(s) of the child
• To have sufficient time with the child to carry out the guardian’s powers and responsibilities.

A guardian’s right to be informed about a child is balanced by an obligation by the other guardian(s) to provide information.  The Act also includes a duty for guardians to cooperate with each other in matters that affect the child.  If guardians cannot agree, they can apply to court for a parenting order.

Under existing legislation, mothers are almost always guardians, and most, but not all, fathers are guardians. Parents who are not automatically guardians can apply to the court to be appointed as a guardian. A person who is already a guardian will continue to be a guardian under the Family Law Act.

Under the Family Law Act, parents who are married at (or marry after) the birth of a child, who have lived together for 12 months during which time the child is born, or who live in a relationship of adult interdependence when the child is born, are each a guardian of the child. Parents who do not live in this type of relationship are each the guardian of the child until the child acquires a usual residence with only one of them.
 
You should speak to a lawyer if you are not sure whether you are a guardian, whether you would be considered a guardian under the Family Law Act, or whether you are able to apply for guardianship under the Family Law Act.

A “contact order” addresses the ability of grandparents and others who are not guardians to spend time with the child   A non-guardian’s time with a child is called “contact”. 

Under the Family Law Act, grandparents have an unrestricted right to apply for contact with grandchildren when parents are separated or one of the parents is deceased.  Parents who are not guardians, or persons standing in the place of parents, (eg. step parents) may also have such an unrestricted right to apply for a contact order.

All other persons must require approval of the court to apply for a contact order. They must outline the importance of their relationship to the child, and why it is necessary to have the contact order to stay in touch with the child.

The court can order that a parent’s (guardian’s) time with a child be enforced. “Access Enforcement Orders” has been changed to enforcement of time with a child. This applies to parenting orders, contact orders, and access and custody orders issued under the Divorce Act, the Provincial Court Act, or the Domestic Relations Act.

• Alberta Justice website at www.justice.gov.ab.ca  Follow the links to publications, publications by topic, then to families.  Look for the document entitled “An Introduction to Alberta’s Family Law Act.”
• Alberta Queen’s Printer – The Family Law Act can be viewed at the Alberta Queen’s Printer website at www.qp.gov.ab.ca
• Dial-a-Law: (403) 234-9022 (Calgary) or 1-800-332-1091 (Outside of Calgary).  Legal information is provided through a series of pre-recorded messages on over 140 legal topics, including family law concerns.  Operator assistance is available weekdays from 8:30 a.m. to 4:30 p.m. to help in accessing these tapes.
• Visit www.albertacourts.ab.ca
• Talk to a lawyer