Provincial Court vs Court of King's Bench for Family Matters in Alberta

Alberta has two courts that handle family matters, and choosing the wrong one wastes time. Which one fits depends on what you need decided.

This article compares the two in plain terms. Your facts may point to one court or both, so a lawyer can help confirm the right place to file.

This article covers the law of Alberta.

What each court can decide

The Court of Justice also hears child protection matters.

The Court of Justice cannot decide divorce applications or property claims arising from the breakdown of a relationship, so if either is part of your situation, that part goes to the Court of King's Bench. The Court of King's Bench also presides over child and spousal support and custody and access matters.

Unmarried partners and non-parents

The Court of Justice can order spousal support for a married former spouse who is not seeking a divorce, and Adult Interdependent Partner Support for unmarried partners in certain relationships. Property claims arising from a relationship breakdown must go to King's Bench.

A non-guardian adult such as a step-parent or grandparent may apply for a Contact Order, which 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 powers, responsibilities and entitlements. The order must be made in the child's best interests. A non-parent adult who has had care and control of a child for more than 6 months, or a parent who is not a guardian, can apply to be appointed guardian.

How divorce changes where parenting goes

If either guardian has started a divorce action, the Family Law Act parenting-order route does not apply, and parenting is dealt with in the divorce in King's Bench. If neither has started a divorce and the child lives in Alberta, you may apply for a parenting order under the other route.

On that route, the first step uses these forms, and a second step follows depending on whether guardianship is shared or you are seeking to become sole guardian:

• Step 1: a Claim under the Family Law Act and an Affidavit of Service (Applicant).
• Step 2: a Statement – Parenting (shared responsibilities), or a Statement – Parenting (Sole Guardian) if you want to become sole guardian.

You file the parenting claim 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.

Processes and requirements

The Family Focused Protocol took effect January 2, 2026 and applies to Family and Divorce proceedings at all King's Bench judicial centres, with three streams: Regular Family Process, Desk Process and Urgent Process. Under the protocol, parties seeking relief in a family proceeding must complete the Family Justice Strategy mandatory requirements unless the matter is urgent or a waiver has been obtained. Because the Family Justice Strategy itself applies in specific areas (listed below), which requirements apply to you depends on where you are, so confirm this with the Court or a lawyer.

The 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. They are:

• Alternative Dispute Resolution, if you disagree on any issue. It must have been attempted within the past 6 months, and all parties file a Participation in ADR form.
• The Parenting After Separation course, if children under 18 are affected. The certificate must be retaken if it is more than 2 years old.
• Financial disclosure, where support or family property division is being sought. Each side files a Financial Disclosure Statement.
• A meeting with a family court counsellor, for people with dependent children who do not have a lawyer. The counsellor is not a lawyer and cannot give legal advice. A self-represented person whose children live outside Calgary, Edmonton, Grande Prairie or Red Deer, or whose only claim is for child support, does not need this intake before filing a parenting-related application.

If you cannot complete a requirement, you file a Request to Waive/Defer Mandatory Requirements form. Listed reasons include concerns about family violence, technological barriers, language barriers and being unable to locate the other party. Under the protocol, urgent matters include a risk of violence or immediate harm and a risk of removing a child from the jurisdiction, and they are exempt from the mandatory requirements.

Docket courts differ. King's Bench Family Docket Court launched in May 2020 in Calgary and Edmonton, where the judge first explores a consent order. In the Court of Justice, the judge asks whether the parties have reached agreement, and Caseflow Conferences are available only in Calgary, Edmonton and Grande Prairie. The Alberta Rules of Court apply equally whether or not you have a lawyer.

Waiver steps under the protocol have been revised since it began, so check the current steps with the Court before you rely on them.

Disclosure, agreements and mediation

In King's Bench, a respondent served with a Notice to Disclose has one month from service to file and serve a Financial Disclosure Statement. In the Court of Justice, a parent seeking income information uses a Request for Financial Information instead.

If you and the other parent agree on parenting time, child support or spousal or partner support, the terms can be made into a Consent Order. An agreement cannot be used to change an existing court order and cannot be filed on its own with the court. A payor who applies to reduce support keeps paying the existing amount until a court makes an order.

Under the Divorce Act, parties to a divorce proceeding must try, to the extent appropriate, to resolve the matters through a family dispute resolution process. This is a duty to try, not a requirement to complete mediation. Alberta Justice Family Mediation is free for those who qualify, including that both parents agree to mediate and one parent's gross income is $60,000 or less per year. Mediation can cover topics such as parenting plans, child support and some property matters.

The mediator meets each person individually to identify safety concerns. Anyone with safety concerns about an ADR process is told to contact 211.

What to do next

• List every issue you need decided: divorce, property, support, parenting.
• If divorce or property is involved, plan for King's Bench.
• Check whether anyone has already started a divorce action.
• Look at the mandatory requirements for your location.
• Court forms information coordinators give free help finding and filling out court forms.
• Speak with a lawyer if your issues span both courts.

Frequently asked questions