How Family Court Works in Alberta
By Ashley Wilson, Senior Family Lawyer, Calgary
If you're here, you're likely facing a difficult family situation—and trying to make sense of what comes next, including the possibility of going to court. Whether you're going through a separation, divorce, or another family law matter, understanding how court works can be overwhelming. The legal jargon, the forms, the formalities, not to mention the sheer number of resolution options to sort through. And on top of it all, the thought of putting on a suit and presenting your case in court. But once you move past that initial fear and start to understand how the court system works, it becomes far less intimidating.
From early case conferences to trial, this blog is designed to be your guide—walking you through what to expect as you navigate family court in Alberta, so you feel informed and ready for the road ahead.
Understanding the Alberta Court System
When you're facing a family law issue, it’s important to know that court isn't your only option. In fact, most matters are resolved outside the courtroom through alternative dispute resolution methods like negotiation, mediation, arbitration, or collaborative family law.
Each approach offers its own benefits and may be more appropriate depending on the nature of your case, level of conflict, and available resources. Choosing the right path is a personal decision, and if you’re unsure, it may be helpful to speak with an experienced family lawyer who can guide you through the options and help you determine the best strategy for your case.
If, after exploring your options, you decide court is the most appropriate route, your first step will be determining which level of court your application should be filed in. There are three main levels of court in Alberta:
1. The Alberta Court of Justice – this court handles less complex family law matters, including:
- Parenting
- Child support
- Spousal support
- Emergency protection orders
Note: This court cannot hear property or divorce related matters.
2. The Alberta Court of King’s Bench – this court deals with more complex family law matters, including:
- Divorce
- Division of family property
- Parenting
- Child support
- Spousal support
3. The Court of Appeal of Alberta – This is the province’s highest level of court for family law matters. It handles:
- Appeals of decisions made in the Alberta Court of Justice or Court of King’s Bench
Alberta Court of Justice – Docket Court
If you decide to proceed in the Alberta Court of Justice, the first step—after filing your court application—is usually a docket court appearance. This is a brief initial session where you’ll appear before a justice and explain what you're applying for (e.g. an order for parenting, support, or other family-related relief).
It’s important to understand that docket court isn’t a private session. When you arrive at court, you’ll likely see a number of other people waiting outside the courtroom. This is because you're all on the list for that day (known as the docket). The justice will call each matter in turn, so you may end up waiting for some time before your case is heard.
If you’re self-represented, you will also have access to duty counsel—a lawyer provided by Legal Aid Alberta to assist individuals who are unrepresented. Duty counsel can help you understand the process, speak to the court on your behalf, and support you in presenting your matter. They’re easy to spot, you'll often see them walking the hall before court starts, asking people if they need assistance. If you think you might benefit from duty counsel support, it’s a good idea to arrive early so you have time to speak with them before court starts. For more information about duty counsel and how they can help, visit Legal Aid Alberta’s Duty Counsel Services.
At this stage, the court will often deal with straightforward or uncontested issues—where both parties are in agreement. If the issues in your application are contested—meaning the parties disagree on the issues or next steps—or if they are more complex, the court will likely schedule a subsequent appearance, such as a judicial dispute resolution (JDR) or a full hearing. This allows sufficient time for the parties to present their evidence and review the case in more detail before a decision is made.
Court of King’s Bench - Family Docket Court
Like the Alberta Court of Justice, the Court of King’s Bench usually starts family law cases with a docket appearance. This first step serves as a scheduling or triage court—it is not intended for legal argument, but rather to decide on next steps in the process.
At your docket court appearance, you’ll be asked to briefly outline the nature of your legal issues and what kind of order you’re seeking. Based on that information, the court will determine the most appropriate next step for your matter. This might include scheduling a case conference, special chambers application, hearing, or other next steps depending on the situation.
Duty counsel lawyers are also available at the Court of King’s Bench to assist self-represented litigants. If you don’t have a lawyer, they can help explain the process or speak on your behalf in docket court.
Early Intervention Case Conference (EICC)
An early step in your court journey may involve an EICC. These conferences take place in a courtroom and involve you, the other party, a justice, and legal counsel (if either of you have a lawyer), with the goal of resolving as many issues as possible at this stage.
The justice will listen to both sides, ask questions, and encourage you and the other party to work toward a resolution. In some cases, the justice may even make a procedural order – such as an order to direct the exchange of financial disclosure.
What to expect during an EICC:
- You won’t need to present full evidence as you would at trial.
- The justice is there to help facilitate communication between the parties and work toward a potential settlement.
- The focus is on practical solutions.
- If an agreement is reached, it can be turned into a legally binding order.
Approach the EICC with an open mind. The goal isn’t to argue, but to find common ground that benefits both sides.
Judicial Dispute Resolution (JDR)
A JDR is a settlement-focused meeting where a justice listens to both parties and helps guide them toward a resolution. What sets a JDR apart is that the justice acts as a neutral third-party, similar to what you might expect in mediation. Their role isn’t to make a final decision, but to guide both parties in finding common ground. The justice may also explain how a court might approach the case if it went to trial. The goal is to reach an agreement without having to take the matter further through the courts.
What to expect in a JDR:
- Either party can request a JDR, but it will only move forward if both sides agree to participate. It can be especially helpful when communication has broken down, but both parties want to avoid going to trial.
- JDRs can help resolve issues more quickly and are often less confrontational than going to trial.
- They take place in a more informal setting than a full court hearing. The meeting is confidential and includes both parties and a justice. Each side presents their concerns and works to negotiate a solution. The justice may ask questions and offer insight into how the law could apply to your case.
- After hearing both sides, the justice will try to help the parties reach an agreement. You’ll be asked to present your case, with the focus on negotiating a settlement rather than making a formal argument.
- If an agreement is reached, the justice can turn it into a legally binding order. If no agreement is reached, the case will likely move forward to a formal hearing or trial.
Family Chambers
If your matter is scheduled for family chambers, you’ll need to prepare and file an application and affidavit ahead of time. These short appearances—usually about 20 minutes—are for urgent or interim matters, and your case will be one of several scheduled at the same time. Your lawyer will present legal arguments directly to the justice, who will usually make a decision by the end of the hearing.
What to expect during family chambers:
- Family chambers move quickly!
- You’ll have a limited amount of time to speak, so come with your key points.
- Focus on the main issues and facts of your case.
- Any resulting order may be temporary, but it can still significantly impact how your case moves forward.
Special Chambers
If your case involves complex issues — such as parenting disputes or division of family property — it may be scheduled in special chambers. This is a more formal court process, and you’ll appear before a justice assigned specifically to your case. There are several requirements and deadlines leading up to the hearing, including the need to file an application, affidavit, and a concise letter outlining your legal arguments.
Special chambers gives you the chance to present evidence, argue your case, and explain your position. Unlike family chambers, you’ll have more time to present your case and speak directly to the justice. Major decisions are often made at this stage, so it’s important to come prepared.
What to expect during special chambers:
- You’ll have time to present your evidence, such as financial records, witness statements, or other documents.
- The justice will listen to both sides and may ask questions to clarify the issues.
- After hearing both sides, the justice will make orders, which may include decisions about parenting, child support, property division, or other important issues.
- Because major decisions are often made in special chambers, it’s important to get legal advice from an experienced family lawyer — both to understand your rights and to feel more confident going in.
Trial
Trial is a formal process where both sides present evidence, call witnesses, and make arguments before a justice, who will make a final decision on all issues.
Here’s what you can expect:
- Trials can last a few days or even several weeks, depending on how complex your case is.
- You may need expert witnesses if your case involves issues like property valuation or mental health assessments.
- The justice will make a final decision after considering all the evidence and hearing arguments from both sides.
If your case does go to trial, it's important to stay calm and trust the process. Having a lawyer to guide you through each step makes a huge difference.
Navigating the family court system in Alberta can be complex and emotionally challenging. From early resolution efforts like EICCs and JDRs to more formal processes like special chambers and trial, each stage comes with its own procedures, deadlines, and expectations. Having the right legal guidance from the beginning can make all the difference.
At Crossroads Law, our team of experienced family lawyers is here to help you understand your options, protect your rights, and move forward with confidence. We’re committed to providing clear, compassionate, and strategic support tailored to your unique situation.
Whether you're just getting started or have a court date scheduled, we're here to help. Contact us today to book your free 20-minute consultation.
