Family Matters
Can We Help You? Student Legal Assistance may provide assistance with the following matters:
- Guardianship
- Parenting
- Child Support
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Student Legal Assistance is not be able to assist you with the following:
- Parenting matters involving Child & Familiy Services;
- Divorce matters; or
- Matters filed with the Court of Queen's Bench.
Legal Information Key Concepts
The Caseflow Conference process is a program in the Provincial Court in Alberta. It is an alternative to a docket appearance in court before a judge when an applicant files a claim for a parenting order, guardianship order, contact order or an order to enforce time with a child under the Family Law Act.
Source: Alberta Justice Services
The Dispute Resolution Officer (DRO) Project is a project operating in Calgary, only. The project encourages those wanting to apply for child support or to vary child support to meet with a senior family law lawyer before going to court. The lawyers who are acting as DRO's hope to help parties reach agreement on issues without having to appear in front of a judge. Source: Alberta Courts
A method of dispute resolution where a judge meets with opposing parties and their counsel to attempt to facilitate a resolution between the parties.
Lower complexity courts, typically managing a large volume of matters, presided over by a judge.
An EPO is a way to address the immediate safety of victims of family violence. An EPO provides legal protection to victims of family violence – it is not a criminal charge. An EPO can order an abuser not to go to places where the victim regularly goes and not to communicate with the victim. The EPO can allow the victim to stay in the home and order the abuser to leave. It can also address other conditions necessary to provide for the immediate protection of the victim and other family members.
There is no cost to obtain an EPO. Children and Youth Services caseworkers and police can apply for an EPO 24 hours a day, seven days a week. Victims can apply for an Order directly at a provincial court during court hours. An EPO must be scheduled for review in the Court of Queen’s Bench no later than nine working days after it is granted to review the information related to the Order. At the review, the Judge will determine what, if any, further order is granted.
Source: Alberta Human Services
Interim Orders are temporary orders granted by the court until a final order is granted. Final orders are usually not accompanied by a return court date.
To defer to proceedings to another date.
The Alberta Maintenance Enforcement Program ( MEP) is authorized by the Alberta Maintenance Enforcement Act to ensure that individuals meet their obligations to pay spousal and child support under the terms of their court orders and certain agreements. Once an order or agreement has been registered with MEP, maintenance payments that the debtor (payor) would normally pay directly to the creditor (recipient) are sent to MEP. MEP then forwards the payment to the creditor once the funds have cleared through a trust account. Source: Alberta Justice
- Negotiation: Parties may negotiate between themselves, with or without counsel, in an attempt to reach an agreement.
- Mediation: A third party mediator assists parties to negotiate their own settlement. Mediation services are offered by private mediators and through Family Justice Services (Calgary). Visit Alberta Courts Mediations Services for details about the program.
- The agreement resulting from these resolution efforts may be filed with the Court as a Consent Order.
2. Applicant Files Claim
- A claim may be filed to initiate a matter before the Court. Applicant must complete a claim form and accompanying statements. Visit the Alberta Courts website for filing forms and other family matter resources.
3. Applicant Serves Claim
- Once a claim is filed, it must be served on the opposing party. See Aberta Justice Claim Instructions for details.
4. Applicant Files Affidavit of Service
- The Affidavit of Service must be sworn by the person who served the Respondent (e.g. friend or process server) and then filed at Family Filing at Calgary Courts Centre (6th floor) before the scheduled court date. See Claim Instructions for further details.
5. Respondent Files Response Statement
6. Respondent serves Applicant with Response Statement
- Once a cliam is filed, it must be served on the opposing party. See Aberta Justice Claim Instructions for details.
7. Caseflow Meeting or Docket Court Appearance
- A caseflow or docket court appearance date will be set by the Court. Both parties must attend that court date.
8 .Dispute resolution meeting, mediation or settlement discussions
- The Court may require parties to attend mediation or attempt resolution by consent (without a judgement granted by the Court).
9. Judicial Dispute Resolution Meeting
- If the parties are unable to reach a resolution by consent, the Court may require parties to attend a judicial dispute resolution meeting (JDR). JDR is a mediation-like meeting facilitated by a Provincial Court Judge. Any comments made by the judge in this meeting are not binding on the parties.
10. Oral Hearing or Trial
- Trial is often the final step to resolve a dispute. The Court will issue a judgement on the issues at trial.
Note: At any time during proceedings, a legal matter can be resolved through consent between the parties. In this case, a Final Consent Order is submitted to the court for review and endorsement.
Frequently Asked Questions
If a court date has been set, then you or your lawyer should appear in court on that day. If you are unable to attend court on the date set you should contact the Court Clerks. Otherwise, if you do not appear, the court could set a new date and not inform you of that date, or the court might proceed and make a decision (and a Court Order) without you providing any information. In addition, if you are the applicant, the matter could be dismissed. Source: Alberta Courts
If want to cancel, or adjourn, your court date, you simply contact the Clerk’s office at the courthouse where you filed your documents and ask them to take your application “off the list”. They will probably ask you to make your request in writing by fax or by letter. You should then call the other party and let them know. Source: Alberta Courts
The Family Law Act requires guardians and the Court to make decisions involving the child in the "best interests of the child". The Family Law Act includes a non-exhuastive list of factors to be consdiered in deteremining what is in the best interests of the child.
The list of factors to be considered in determining the best interests of the child include:
Click here for details from Alberta Justice on how to register with the Maintenance Enforcement Program.
If it is impossible or impractical to serve the respondent personally with court documents, you may ask the court for an Order that will allow you to serve the respondent in a different way. The court may then grant a Substitutional Service Order. This defines how you can serve the respondent with the court documents. Examples of substitutional service are: posting the document on the person's door; delivery by regular mail or courier; delivery to someone else who know or lives with the person; or advertising in the newspaper. Source: Family Law Information Centre The sites listed below are third party websites. Student Legal Assistance (SLA) has no control over these websites. SLA provides these websites as a convenience only. All information is provided for general knowledge purposes only. The information contained within these links and this website is not meant as a replacement for professional legal advice. If you have a question that requires legal assistance, please contact Student Legal Assistance or consult a lawyer. Legal Assistance Organizations
- Legal Aid Alberta
Legal Aid Alberta exists to provide cost effective legal services for Albertans in need.
- Calgary Legal Guidance
Calgary Legal Guidance exists to provide legal assistance and information to disadvantaged persons who would not otherwise have access to such services.
- Lawyer Referral Service
The Lawyer Referral Service is a program operated by the Law Society to assist members of the public in finding a lawyer who will provide the legal services they require.
- Student Legal Services of Edmonton
Student Legal Services of Edmonton (SLS) is a student-managed, non-profit society dedicated to helping low-income individuals in Edmonton and area understand their legal issues and solve their legal problems.
- Lawyer Search Service
This is a directory of Calgary lawyers, grouped by major practice areas.
Support Organizations
Family
- Alberta Courts, Family Court
The Family Court hears maintenance applications regarding spousal and child maintenance proceedings and custody access claims, when divorce is not an issue. In addition, this court hears all Child Welfare and Private Guardianship applications.
- Family Law Information Centre
The Family Law Information Centres can provide you with information about the Child Support Guidelines, including the tables for each province, how to calculate child support, and how to make, change or appose a Family Law application in the Court of Queen's Bench.
- Provincial Court Family and Justice Services
Family Justice Services are a group of progams and services offered by Alberta Justice in collaboration with the courts of Alberta. Family Justice Services works directly with individuals and also with the judges of the Alberta Provincial Court and Court of Queen's Bench to help people get appropriate solutions for their family law issues.
- Alberta Human Services - Children and Youth
Human Services offers a range of services and programs for children and families. They strive to break the cycles of family violence, abuse and poverty that prevent some children from becoming strong, sound individuals. On these pages you will find information on adoption, child care, foster care, family violence prevention, child welfare, supports for children with disabilities and many other programs that support families and communities, enabling them to provide nurturing, safe environments for their children.
- Maintenance Enforcement Program, Alberta Justice
The Alberta Maintenance Enforcement Program (MEP) is authorized by the Alberta Maintenance Enforcement Act to ensure that individuals meet their obligations to pay spousal and child support under the terms of their court orders and certain agreements. Once an order or agreement has been registered with MEP, maintenance payments that the debtor (payor) would normally pay directly to the creditor (recipient) are sent to MEP. MEPthen forwards the payment to the creditor once the funds have cleared through a trust account.
- Parenting After Separation Course
Parenting After Separation is a free six-hour workshop. It was developed in Alberta by the Court of Queen’s Bench and Alberta Justice. The purpose of the workshop is to assist parents in understanding the process and effects of separation and to encourage parents to make positive choices about how they will continue to parent their children after separation.
- Federal Child Support Guidelines 2011, Department of Justice
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