What Is a Notice to Disclose in Alberta Family Cases?
This answer covers the law of Alberta.
A Notice to Disclose is a court document in the Court of King's Bench, made under Alberta Rules of Court r. 12.41 on Form FL-17, that requires the other side to hand over financial information. The respondent has one month from service to file and serve a Financial Disclosure Statement.
If the respondent cannot give full disclosure, they must serve a completed Response to Request for Disclosure explaining why. If full disclosure is not made and there is no agreed extension or Consent Order, the applicant may submit a desk application by email for a Disclosure Order without further notice to the respondent. The Justice may grant a Disclosure Order that the applicant must then serve, or direct a hearing.
The Provincial Court works differently. A parent seeking income information there uses a Request for Financial Information instead, and the Alberta child support guide says the parent living in Canada has 30 days to provide it. Exactly what information your statement must cover depends on the form and your situation, so a lawyer can confirm the details.
Key takeaways
- A Notice to Disclose is made under Alberta Rules of Court r. 12.41 on Form FL-17 in the Court of King's Bench.
- The respondent has one month from service to file and serve a Financial Disclosure Statement.
- If full disclosure is not provided, the respondent must serve a completed Response to Request for Disclosure explaining why.
- If disclosure is still not made and there is no agreed extension or Consent Order, the applicant may apply by email for a Disclosure Order.