Which Court?
If you already have been to court with the other party (for parenting, custody, access, guardianship, contact or support), or even if you simply started a court action (e.g. a divorce action) but didn't actually go to court, then you may already have an Alberta court file.
In Alberta, the courts follow the policy of "One Family One File" – wherever possible, all court applications have to be made in the same court at the same location.
Not sure if you have an order? A Court Order will have a title on it that contains the word “Order”. It may be called a “Consent Order” or a “Variation Order”.
Sample Alberta court orders:
If the document is called “Agreement” or “Minutes of Settlement”, it is NOT an order:
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I went to court (or started a court action) at the Court of Queen's Bench in Alberta
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You must make your application in the same court at the same location. Use the same court file number.
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I went to court in the Provincial Court of Alberta
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I am the payor of support and I am asking only to change the monthly amount of support (ie, I am NOT asking the court to reduce arrears or for a Stay of Enforcement)
Make your application in the same court at the same location as your existing order (unless your order is registered with Maintenance Enforcement – see below)
- I am the payor of support and I AM asking to reduce arrears or for a Stay of Enforcement
Make your application in the Court of Queen's Bench.
- My order is registered with Maintenance Enforcement
You will have a file with the Court of Queen's Bench in Edmonton. If you do not live in Edmonton, contact the Family Law Information Centre to find out whether you can file in another court location.
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In all other cases, you must make your application in the same court at the same location.
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I am the payor of support and I am asking only to change the monthly amount of support (ie, I am NOT asking the court to reduce arrears or for a Stay of Enforcement)
- I went to court in another province or country and have a court order from there, but now live in Alberta and want to change that order.
- The order is for parenting, custody or access AND the children now live in Alberta.
- Make an appointment with Family Justice Services
- If the order that you want to change was not made in Alberta, you MUST have a certified copy of your Order. This will have a stamp on it and a signature from a court official saying the copy is a certified or true copy. A photocopy of the certified copy is not acceptable. Contact the court that made the order to find out how to get a certified copy. There may be a fee.
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The order is for parenting, custody or access and the children do NOT live in Alberta.
Apply in the court where the order was made.
- The order is for child support or spousal support
- My order has been registered with Maintenance Enforcement
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You will have a file with the Court of Queen's Bench in Edmonton. If you do not live in Edmonton, contact the Family Law Information Centre to find out whether you can file in another court location.
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- My order has NOT been registered with Maintenance Enforcement
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You can file in the Court of Queen's Bench closest to you.
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- My order has been registered with Maintenance Enforcement
- The order is for parenting, custody or access AND the children now live in Alberta.
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I haven't gone to court at all, but I signed a support agreement which is now being enforced by Maintenance Enforcement
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I am the payor and I am behind in my payments
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Apply in the Court of Queen's Bench
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In all other cases, you may file in either the Provincial Court or the Court of Queen's Bench.
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I am the payor and I am behind in my payments