Which Court

Which Court should I choose when filing a claim under the Family Law Act?

You can go to Provincial Court if…

You can go to Court of Queen’s Bench if…

you want guardianship of a child

you want guardianship of a child

you want a parenting order

you want a parenting order

you want child support

  • you are married
  • you are unmarried

you want child support

  • you are married
  • you are unmarried

you want contact ( a grand-parent or non-guardian)

you want contact ( a grand-parent or non-guardian)

you want spousal / partner support

you want spousal / partner support

you want to enforce an order of time with a child

you want to enforce an order of time with a child

you want to change a Provincial Court order for:

  • parenting
  • custody
  • contact
  • access
  • enforcement of time with a child
  • child support
  • spousal/partner support

you want to change a Provincial Court order or a Queen’s Bench order for:

  • parenting
  • custody
  • contact
  • access
  • enforcement of time with a child
  • child support
  • spousal/partner support

you want to terminate a Provincial Court guardianship order

you want to terminate a guardianship order

 

you want a declaration of parentage for all purposes

 

you have property you want the court to divide or protect

 

you want a declaration of irreconcilability

In the Provincial Court …

In the Court of Queen’s Bench …

assistance is provided to help resolve disputes

assistance is provided to help resolve disputes

there are 21 locations where the Court sits permanently and 53 locations where the Court sits on certain specified days

there are 11 locations where the Court sits on a regular basis and 2 locations where the Court sits on specified days

forms /paperwork are the same as the Court of Queen’s Bench

forms/paperwork are the same as the Provincial Court

court orders are prepared

you are required to prepare your order (assistance may be provided in Calgary and Edmonton )

parties may represent themselves or be represented by a lawyer or may have someone else to represent them (an agent)

parties may represent themselves, or may be represented by a lawyer. In some circumstances, a friend or other person can speak for you, if the court allows (for example if you have difficulty understanding English). No paid agents or paralegals are allowed.