By Camille Boyer, Senior Family Lawyer at Crossroads Law, Calgary
To better support families and ease the emotional and financial strains of navigating family court, the Alberta Court of King’s Bench now requires several mandatory steps before filing a court application. These steps are intended to guide you through the process, making sure you’re prepared and aware of your options. In this blog, we’ll break down these mandatory requirements, explain how they apply, and outline the waiver and deferral process so you can move forward confidently to resolution.
Although most family court matters must follow this process, certain urgent or specialized applications are exempt. Before we dive into the pre-court requirements, here are the types of applications that do not require them:
- Protection Orders
- Applications approved for urgent proceedings
- Filing Statements of Claim/Joint Statements of Claim for Divorce
- Requests for Divorce (without oral evidence)
- Joint Requests for Divorce (without oral evidence)
- Filing Statements of Claim for Matrimonial Property/Family
- Property Division
- Filing Statements of Claim for Unjust Enrichment
- Notices to Disclose – Desk Applications
- Applications for Service Orders
- Consent Orders
- Appeals from the Alberta Court of Justice
- Interjurisdictional Applications where one party resides outside Alberta
What are the Four Mandatory Prerequisites?
For all other family law applications not listed above, the following mandatory pre-court requirements must be fulfilled unless the applicant is exempt, or the court has waived or deferred the requirement(s):
1. Completion of the Online Parenting After Separation Course (“PAS”)
Purpose: This free course provides helpful information for parents and guardians about the separation and divorce process, its impact on children, and strategies for effective communication.
Who Needs It: Parties with children under 18 affected by the court proceedings.
Who is Exempt: Parties who do not have children under 18 affected by the court proceedings.
Renewal: If more than two years have passed since taking the course, it must be retaken.
Respondent’s Obligation: A respondent in any court application that requires the PAS course must complete it within 14 days of being served. If the respondent plans to file a cross-application, they must also submit a copy of their certificate of completion to the court.
2. Meeting with a Family Court Counsellor (“FCC”)
Purpose: The FCC helps clarify key issues, provides information and resources, explains court processes, and assists with financial disclosure and other mandatory requirements.
Who Needs It: Self-represented parties with dependent children.
Who is Exempt: Parties who are represented by a lawyer or parties who do not have dependent children.
3. Providing Financial Disclosure
Purpose: Financial disclosure gives a clear view of each party’s income, assets, and debts. This helps determine the appropriate amounts for child and spousal support and ensures property is divided fairly.
Who Needs It: All parties filing applications related to child support, spousal support, adult interdependent partner support, or property division.
Who is Exempt: Parties filing an application where financial disclosure is not relevant or needed.
Consequences for Non-Compliance: A party who does not meet this requirement will not be allowed to file their application. It's important to know that the court takes non-compliance with financial disclosure seriously. The court can impose penalties, such as ordering payment of support, legal costs, or other remedies if financial disclosure is incomplete or refused.
4. Participation in an Alternative Dispute Resolution (“ADR”) Process
Purpose: ADR includes various methods to resolve disputes outside of the courts, such as negotiation, mediation, or arbitration. These processes are usually less formal and help parties reach their own agreements, most-often with the help of a trained, neutral third-party facilitator. ADR can result in more amicable resolutions, improved communication, and better coordination between parties - especially when children are involved.
Who Needs It: All parties filing any family law application. Only in very limited cases will the court agree to waive or defer this ADR requirement.
Timeframe: Must be completed within six months prior to bringing the application and must address the specific issues in dispute.
How do I Meet the ADR Pre-requisite?
1. Choose an ADR Process That Meets the Court’s Timelines and Requirements – Ensure that you participate in an ADR process within the past six months, and that the issues discussed include those being litigated.
ADR processes are typically facilitated by a neutral third-party who is familiar with parenting conflicts, family violence, and the impact of conflict on children. However, according to the court’s “Participation in ADR Form”, options such as a settlement conference with both parties represented by lawyers, a Children’s Services family group conference, or other acceptable form of ADR may meet the requirement.
2. Screen for Family Violence and Consider a Waiver if Appropriate - All ADR processes must consider screening for family violence. It’s important to ensure that participating in an ADR process is appropriate for your situation. If not, a waiver of the ADR requirement may be necessary, or the ADR provider may choose not to proceed after screening for family violence.
3. Seek Independent Legal Advice - During the ADR process, consider getting independent legal advice to protect your rights and understand the implications of any agreement. If possible, litigants should consider retaining a lawyer or working with a legal coach for support during ADR or consulting with them for advice.
4. Choose the Right ADR Process - There are many acceptable ADR options, including some that are low-cost or free. However, these affordable options often have specific requirements to access them, such as minimum income thresholds for one or both parties. The ADR options listed in the Participation in ADR Form provided by the courts include:
- Alberta Justice Family Mediation Program
- Alberta Justice Child Support Resolution Program
- Alberta Justice Parenting Intervention Program (BCI)
- Alberta Justice Caseflow Conference Program
- Attending a settlement conference with both lawyers, including collaborative law
- Attending a Children’s Services Family Group Conference
- Hiring a private family mediator, qualified under ADRIA or AFMS
If you choose a private family mediator or service, make sure they meet the qualifications set by the courts. Private mediation offers benefits like experienced providers and faster, more flexible scheduling. However, it can be the most expensive option, as mediators typically charge for their services according to their retainer or service agreement.
It’s important to note that even if you meet the ADR requirements, the court can still require further ADR participation or reject the outcomes if it believes the process or agreement is inappropriate, against legal principles, or not in the best interests of the children.
How do I Request a Waiver or Deferral of the Mandatory Pre-Requisites?
There are situations where waivers or deferrals of these mandatory requirements may be necessary. To request a waiver or deferral, you must:
- Submit a Request - Complete the Request to Waive/Defer Mandatory Requirements form and attach it to your Notice to Attend Family Docket Court form when filing.
- Schedule a Hearing - The matter will be heard in family docket court, and the documents submitted should be served on the respondent, if possible.
If the request for a waiver or deferral is granted, the justice will issue the necessary orders to move the matter forward. Some examples of circumstances where a deferral or waiver may be granted are:
- The risk of severe economic harm to a party or children if the waiver or deferral is not granted.
- The respondent’s non-compliance, refusal to cooperate with the requirements, inability to be located, or an existing no-contact order.
- Any other circumstance deemed sufficient by the justice.
I’ve Been Granted a Waiver or Deferral, or Complied with the Mandatory Pre-requisite - Now What?
After completing the mandatory requirements or obtaining a waiver or deferral for one or more of the requirements, the next steps depend on whether the parties have resolved their issues:
Resolved Matters - If the parties reach an agreement, it can be turned into a consent order with the help of a legal coach, lawyer, or courthouse resolution services. The order is then filed with the court.
Unresolved Matters – If the issues remain unresolved, either party can proceed to family docket court by attaching proof of compliance with the mandatory pre-requisites, or proof of a waiver or deferral, to their Notice to Attend Family Docket Court form and filing it with the court.
Required proof for these mandatory pre-requisites include:
- PAS: Upon completing the course, a PAS certificate is provided.
- FCC: After meeting with the FCC and completing the required steps, the FCC will provide the applicant with a letter confirming their attendance.
- Financial Disclosure: The applicant must complete a Financial Disclosure Statement with the court.
- ADR: The applicant must complete a Participation in ADR Form.
The documentation or waivers for the four mandatory requirements must all be submitted to the court for filing concurrently with the applicant’s Notice to Attend Family Docket Court form, and all documents must also be served on the Respondent. For more information, check out our blog Understanding Rules of Service in Alberta.
Meeting these mandatory requirements set by the Alberta Court of Kings Bench helps encourage timely resolution, reduces financial and emotional strain, and fosters cooperative dispute resolution. It is important to seek independent legal advice throughout the process to ensure your interests are protected and you have complied with all pre-requisites. The team at Coach My Case regularly assists clients with completing these mandatory requirements and offers valuable guidance and support. Contact us to schedule your free 20-minute consultation and learn how our experienced legal coaches can help you navigate your family law matter.
