The Parenting After Separation Course in Alberta: Who Must Take It

If you are separating and children are involved, you may be about to start a court case and have heard you need to take a course first. That is usually the Parenting After Separation course, often called PAS. It is a step many parents must finish before the court will accept their application.

This article explains who has to take it, how to register, what it covers, the extra steps in some Alberta cities, and what you can do if you cannot complete it. Your situation may have details that change the picture, so a lawyer can confirm how this applies to you.

This article covers the law of Alberta.

Who has to take the PAS course

The Parenting After Separation course is required before you file a divorce application or a Family Law Act application in the Court of King's Bench. A judge can also direct you to take it, even if you did not expect to need it.

In Greater Edmonton, Calgary, Red Deer and Grande Prairie, the Family Justice Strategy applies. There, before you file a family application, the PAS course is required if children under 18 will be affected.

If your case is somewhere else in Alberta, the general PAS requirement for King's Bench filings still applies.

How to register

You register online through the Resolution Services Learning Centre. Do this early, because you will need your completion certificate before you can file.

Cost and how long a certificate stays valid in every setting are details to confirm when you register. In the Family Justice Strategy areas, a certificate more than 2 years old means you must retake the course.

What the course covers

The course is aimed at helping parents and children through separation. It covers these topics:

• Building relationships
• How separation affects parents and children
• Communication skills
• Legal issues
• Alternative dispute resolution
• Parenting plans

It is not legal advice about your own case. It gives general information that can help you think about what a workable parenting arrangement looks like.

How the course fits into a parenting case

The course is a step before filing, not the application itself. Which law applies depends on your situation. You can apply for a Family Law Act parenting order if no divorce action has been started by you or the other guardian and the child lives in Alberta. Once a divorce action has started, parenting is dealt with under the Divorce Act instead.

Not every separation ends up in court. After separation, guardians who agree can keep exercising guardianship powers without a court order, and if they disagree, either guardian can apply for a parenting order. The course covers parenting plans, and under the Divorce Act the court must include a parenting plan submitted by the parties in a parenting order unless it is not in the child's best interests.

Extra steps in the Family Justice Strategy areas

In Greater Edmonton, Calgary, Red Deer and Grande Prairie, the PAS certificate must be filed with a court clerk before you file your application. Other requirements may also apply:

• Alternative dispute resolution attempted within the past 6 months, shown on a Participation in ADR form
• A Financial Disclosure Statement if you are making support or property claims
• A meeting with a family court counsellor if you are unrepresented and have dependent children

The Indigenous-focused course does not replace the standard one: the Parenting After Separation for Indigenous Families course complements but does not satisfy the PAS requirement.

If you cannot complete a requirement, and what to do next

If you cannot complete a mandatory requirement, you file a Request to Waive/Defer Mandatory Requirements form. Reasons can include family violence concerns, technological or language barriers, and being unable to locate the other party.

If you have been served with a Family Law Act application, time limits apply to your response. Unless the applicant agrees to more time, you must respond within 20 days if served in Alberta, 1 month if served elsewhere in Canada, or 2 months if served outside Canada, using the Response – Family Law Act form (CTS3460).

• Confirm which court and location your case will be filed in
• Register for the PAS course online through the Resolution Services Learning Centre
• Keep your completion certificate and check its date
• Check whether the Family Justice Strategy requirements apply to you
• Gather your documents and talk to a lawyer if you have safety concerns or are unsure about the steps

Frequently asked questions