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Part of Divorce and separation

Family Justice Strategy

The Family Justice Strategy is a model for helping people resolve their family matters outside the courts.

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Overview

The Family Justice Strategy is an initiative designed to help people navigate family court matters and reach a resolution prior to attending court. There are mandatory requirements for parties in locations where the strategy has been implemented. These requirements must be met before filing applications for family law matters.

Individuals involved in family court matters are encouraged to get independent legal advice from a lawyer.

Where the strategy applies

The Family Justice Strategy has been implemented in the Greater Edmonton area, Calgary, Red Deer, and Grande Prairie. 

Mandatory requirements

There are 4 mandatory requirements under the Family Justice Strategy:

  • Alternative Dispute Resolution

    If parties do not agree on any issues, they are required to attempt an Alternative Dispute Resolution (ADR) process before seeking the assistance of the courts.

    Alternative Dispute Resolution processes include many different options for resolving disputes. The options are usually less formal processes that allow parties to reach their own agreements. A trained neutral third party facilitates the discussions.

    All ADR processes include screening for family violence.

    The ADR process must:

    • be delivered by a neutral third party who is familiar with parenting conflict, family violence and the impact of conflict on children and child development
    • include the topics or issues you want to bring to court
    • have been attempted within the past 6 months

    All parties must complete and file their Participation in ADR form before filing any court application related to family law matters.

  • Parenting After Separation course

    The Parenting After Separation (PAS) course provides education and resources on how to manage conflict and how to reduce stress on children during changes such as separation or divorce.

    Parties must complete the PAS course before filing a court application if children under the age of 18 will be affected by the proceeding.

    Once parents complete the course, the completion certificate must be filed with a court clerk before filing any court application. The course must be retaken if the completion certificate is more than 2 years old.

    Respondents must file their certificate with a court clerk within 14 days of the date they are served court documents. 

  • Financial disclosure

    Financial disclosure is mandatory for all parties filing an application for child support, spousal support, adult interdependent partner support and family property division.

    The court requires full financial disclosure from the applicant and respondent to understand the family’s financial situation.

    The applicant and respondent must each complete and file a Financial Disclosure Statement form with its supporting documents before filing any court application related to financial matters.

  • Meeting with a family court counsellor

    Before filing a court application, those who have dependent children and are without a lawyer must meet with a family court counsellor.

    The counsellor:

    • will explain the court process and discuss options to resolve their family law matter
    • will provide support, education, resources and guidance as appropriate. 
    • is not a lawyer and cannot provide legal advice

Waiver for mandatory requirements

If there are reasons that a party cannot complete one of the mandatory requirements, then they will have to file a Request to Waive/Defer Mandatory Requirements form.

Potential reasons for not being able to complete a mandatory requirement include:

  • concerns about family violence
  • technological barriers
  • language barriers
  • inability to locate the other party

Filing in the Court of King’s Bench

If your matter is to be considered in the Court of King’s Bench, there may be additional requirements before filing as this is a federal court.

Please visit the Family Focused Protocol page for more information about these requirements.

Family Resolution Hub

The Government of Alberta maintains the Family Resolution Hub as a tool for people to determine how to proceed with family court matters. If you’re uncertain what action to take, answering the hub’s questions can help inform you about your options.

Family Resolution Hub

Contact

Email: [email protected]