If you or the opposing party are not seeking a divorce, but you want to deal with parenting and/or support, the court proceeding commences by filing a Claim – Family Law Act. The document will have a court date on it, and must be filed with a supporting “Statement” or affidavit.
If you are married, and you or your spouse want to start divorce proceedings, the document to start the process will be a Statement of Claim for Divorce. There is no court date, but there is a deadline for filing a Statement of Defence.
If divorce proceedings have started, and you or the opposing party want to make a court application, for example, to get a court order for child support, the document is a Family Application and must be filed with a supporting affidavit. The document will indicate what the court date is.
Once the Judge (in Provincial Court) or Justice (in Court of Queen’s Bench) makes a decision on your matter, a “Court Order” will be prepared and filed.
NOTE: In Edmonton and Calgary, the parties must attend Court of Queen’s Bench Family Docket first, and you need to file a Notice to Attend Family Docket. After your appearance in Family Docket, the court will provide you with an Endorsement which sets out what the next steps are, and whether there is a new court date.
Family Law Assessment Quick Links