Family Law in Alberta — A Self-Represented Father's Guide
- •Alberta family matters are heard primarily in the Court of King's Bench under the Alberta Rules of Court, with provincial-level matters in the Alberta Court of Justice.
- •Affidavits are governed by Rule 13.18; opening declaration is 'SWEAR AND SAY' before numbered paragraphs.
- •Alberta has a strong front-end resolution model — Family Resolution Counsellors and Dispute Resolution Officers screen most matters before contested hearings.
Alberta's family-court structure
Alberta has two levels of court hearing family matters. The Court of King's Bench (renamed in 2022 from Queen's Bench) handles divorce, property division, parenting, and child/spousal support — all under either the federal Divorce Act or Alberta's Family Law Act. The Alberta Court of Justice (renamed in 2023 from Provincial Court) handles parenting and support matters under the Family Law Act only — no divorce, no property division.
- Court of King's Bench of Alberta — divorce, property, full family jurisdiction (Calgary, Edmonton, Red Deer, Lethbridge, etc.)
- Alberta Court of Justice (Family) — parenting and support under provincial Family Law Act
- Court of Appeal of Alberta — appellate jurisdiction
Filing an Alberta affidavit (Rule 13.18)
Alberta's general affidavit form is Form 49 under the Alberta Rules of Court. Rule 13.18 governs the content requirements. The opening declaration is 'I, [name], of the City of [city], in the Province of Alberta, SWEAR AND SAY:' followed by numbered paragraphs. The jurat is sworn 'BEFORE ME at the City of [city], in the Province of Alberta, this [date]'.
- Opening: 'SWEAR AND SAY' (Alberta-specific phrasing)
- Commissioner label: 'A Commissioner for Oaths in and for the Province of Alberta'
- Form 49 — standard affidavit; Form 49.5 — affidavit of service
- Exhibits marked sequentially with a Commissioner's stamp
Major courthouses
| City | Court | Notes |
|---|---|---|
| Calgary | Calgary Courts Centre (601 5 St SW) | Largest Alberta family-court volume |
| Edmonton | Edmonton Law Courts (1A Sir Winston Churchill Sq) | Provincial capital |
| Red Deer | Red Deer Court House | Central Alberta family matters |
| Lethbridge | Lethbridge Court House | Southern Alberta |
| Grande Prairie | Grande Prairie Court House | Northern Alberta |
Alberta-specific procedural notes
- Family Resolution Counsellors — free pre-court advice and mediation for self-rep parties
- Dispute Resolution Officer (DRO) program — mandatory pre-trial conference for many matters in Calgary and Edmonton
- Parenting After Separation course — mandatory online module before most contested parenting motions
- Alberta Family Law Act s. 32 — variation of parenting orders (similar to Gordon v. Goertz test)
- Notice to Disclose — Schedule A of the Alberta Rules of Court — financial disclosure requirements
Frequently asked
Court of King's Bench or Court of Justice for my Alberta family matter?
If you need divorce or have property to divide, you must use Court of King's Bench. If you're not married (or already divorced) and only parenting/support is at issue, Court of Justice is faster, cheaper, and self-rep-friendly. Many families start in Court of Justice for support/parenting then go to King's Bench only when divorce is needed.
Do I need to take the Parenting After Separation course?
Yes for most contested parenting matters where the children are minors. Both parents must complete it (4-6 hours, available online) before contested motions on parenting can be heard. Failure to complete it can result in your motion being adjourned.
How long is the DRO process in Calgary or Edmonton?
Typically 2-3 months from filing to DRO appearance. The DRO is a senior lawyer assigned by the court to attempt resolution before a contested hearing. Many matters resolve at DRO. If not, the case proceeds to a chambers hearing or trial.