Court of Justice or King's Bench: Which Alberta Court Hears Your Family Case?

When a relationship ends, one of the first questions is where to go. Alberta has two courts that hear family matters, and they do not decide the same things. Filing in the wrong place can cost you time, so it helps to know the difference before you pick up a form.

This article explains what each court can decide, how a divorce action changes things, where to file, and what free help exists. Your situation may have details that change the answer, so a lawyer can confirm the right court for your facts.

This article covers the law of Alberta.

What each court can decide

The Court of King's Bench has sole jurisdiction over divorce and the division of property in Alberta. It also presides over child and spousal support and custody and access matters.

The Alberta Court of Justice (Provincial Court) cannot decide divorce applications or property claims arising from the breakdown of a relationship. It does hear child and spousal support, parenting arrangements, private guardianship and child protection matters.

Other orders the Court of Justice can make

The Court of Justice can order spousal support for a married former spouse who is not seeking a divorce. It can also order Adult Interdependent Partner Support for unmarried partners in certain relationships.

A non-guardian adult, such as a step-parent or grandparent, may apply for a Contact Order. It gives time with a child but no decision-making powers. Parenting orders under the Family Law Act are for children with more than one guardian, usually parents, who live apart and cannot agree on how to share guardianship responsibilities. The order must be in the child's best interests.

When a divorce moves parenting into King's Bench

You may apply for a parenting order under the Family Law Act if neither you nor the other guardian has started a divorce action and the child lives in Alberta. If either guardian has started a divorce action, that route does not apply, and parenting is dealt with in the divorce in the Court of King's Bench.

If you are not divorcing, or not yet, the Court of Justice may still be the right place for support and parenting. If property is part of the dispute, that claim must go to King's Bench.

Where to file and what must happen first

For a parenting claim, file at the same court and location if you have already been to court with the other party or started an action that has not yet reached court. Otherwise you can file at any court in Alberta. If you do not attend, the judge may make an order in your absence.

Alberta's Family Justice Strategy applies in Greater Edmonton, Calgary, Red Deer and Grande Prairie, and its four mandatory requirements must be met before family law applications are filed. The King's Bench Family Focused Protocol took effect January 2, 2026 and applies at all King's Bench judicial centres.

• Alternative Dispute Resolution, if you disagree on any issue
• Parenting After Separation course, if children under 18 are affected
• Financial Disclosure Statements for support or property claims
• A meeting with a family court counsellor, for people with dependent children who do not have a lawyer

Urgent matters, such as a risk of violence or immediate harm or a risk of removing a child from the jurisdiction, are exempt from the mandatory requirements under the Protocol. If you cannot complete a requirement, you must file a Request to Waive/Defer Mandatory Requirements form. Waiver steps have been revised, so check the Alberta Courts website for the current process.

Free help for people without a lawyer

Court forms information coordinators give free help finding forms, understanding when to use them and how to fill them out. They are in Calgary, Grande Prairie, Edmonton and Red Deer (civil, criminal and family), and in Lethbridge and Medicine Hat (family only). They are open Monday to Friday, 8:15 am to 4 pm.

Family Court Counsellors are a free resource for self-represented people in parenting disputes. They help choose and complete forms for parenting, contact, guardianship and access-enforcement applications. They do not help with child or spousal support applications, cannot give legal advice and do not advocate for either side. Court and Justice Services can be reached at 1-855-738-4747 toll free.

A self-represented person whose children live outside Calgary, Edmonton, Grande Prairie or Red Deer, or whose only claim is for child support, is not required to complete a Family Court Counsellor intake before filing a parenting-related application. The Alberta Rules of Court apply equally whether or not you have a lawyer.

What to do next

• Write down every issue in dispute: divorce, parenting, support, property.
• Find out whether you or the other parent has already started a divorce action.
• Check whether you have already been to court with the other party, and where.
• Note where your children live, since that affects which requirements apply.
• Contact a court forms information coordinator or Court and Justice Services for form help.
• If you have safety concerns, say so early, and call 211 at any time.

If your case involves both parenting and property, or you are unsure whether a divorce is already underway, speak with a lawyer before filing.

Frequently asked questions