What Is Family Docket Court?

Written by: Michael A. Murray

This article is of interest to you if you are going through a divorce or separation and are not able to resolve issues amicably with the other party.

Family Docket Court is the first step in the court process for any matters involving divorce and separation being heard in the Alberta Court of King’s Bench. There is no Family Docket Court in the Provincial Court of Alberta.

In Alberta, if you are married and going through a divorce, or are separating from an unmarried relationship and needing to divide property, your matter will be heard in the Alberta Court of King’s Bench.

The History of Family Docket Court

In 2020, the Alberta Court of Queen’s Bench, now known as the Alberta Court of King’s Bench, implemented the Family Docket Court.

A study was conducted by the Alberta Court of King’s Bench and it found that over 40% of all matters scheduled for Chambers were adjourned, largely due to the parties not being ready to proceed with their matters in court.

The Family Docket Court was created to perform a gatekeeping function to reduce the number of adjournments and act as a scheduling court to help assign parties to the best court process for their unique matter.

What relief can be obtained in Family Docket Court?

As noted above, Family Docket Court is primarily a scheduling court and represents the first step in the court process for family law matters heard in the Alberta Court of King’s Bench.

The following is a non-exhaustive list of the forms of relief generally available to parties in Family Docket Court:

a.       Obtain a court order for the production of financial disclosure;

b.       Obtain a court order setting out timelines for the next steps and procedures in your action;

c.       Have a consent order granted by a Justice. A consent order is where both parties agree to the terms of the court order; and/or

d.       Obtain leave (permission) of the Justice to have your matter heard in Regular Family Chambers or Special Family Chambers.

Contested applications where a party is seeking an Order for support, parenting time, or property division will not be heard in Family Docket Court and will be referred to the next step in the court process by the Justice in Family Docket Court.

Is Family Docket Court the same in all jurisdictions in Alberta?

There are 12 Alberta Court of King’s Bench locations across the Province of Alberta.

Family Docket Court is currently only available in Edmonton and Calgary. If your Alberta Court of King’s Bench matter is in a jurisdiction other than Edmonton or Calgary (i.e. Wetaskiwin, St. Paul, Red Deer, Hinton) the first step in a family law court matter would likely be Regular Family Chambers.

How do I get my matter into Family Docket Court?

To acquire a date in Family Docket Court, a party must file and serve what is called a Notice to Attend Family Docket.

A fillable form of the Notice to Attend Family Docket can be found on the Alberta Court of King’s Bench website here: https://albertacourts.ca/kb/areas-of-law/family/divorce-forms

You should seek the other party’s availability before setting the matter down in Family Docket Court where possible.

Can I represent myself in Family Docket Court?

The short answer is that yes, you are entitled to represent yourself in your own family law case in the Alberta Court of King’s Bench.

However, there are strict requirements that must be followed to have your matter heard in a timely manner. Further, there can be costs penalties made against you should you not adhere to these requirements.

Due to the intricacies of the process and complexities of the legal issues and the law at hand, we regularly recommend that individuals seek legal counsel to help navigate through this process.

Our family law lawyers are experienced in appearing for clients in all levels of court and would be happy to assist you.

Can I bypass Family Docket Court?

As discussed above, the relief that can be granted to you in Family Docket Court is limited and therefore you may be wondering if there is a way to skip Family Docket Court and attend Chambers where a Justice can grant you the substantive relief you are seeking?

There is a very limited set of urgent circumstances that may allow a party to bypass Family Docket Court. But what a party considers urgent and what the Court considers sufficiently urgent to bypass family docket are often very different. If you are dealing with an emergency, we recommend contacting one of our family law lawyers before attempting to bypass Family Docket Court.

Have Questions?

It is never too early to begin working with an experienced family law lawyer to advocate for you and guide you through the court process.

If you or a friend or family member are going through a divorce or separation, it is important to have a consultation with a lawyer to learn what your rights and obligations are.

Further, if you are considering starting a court action in a family law matter or if you have been served by your former spouse or partner with a notice to attend court, do not wait.

Please do not hesitate to contact Michael A. Murray (mmurray@sb-llp.com) at SB LLP who would be pleased to assist you.

About the writer:

Michael A. Murray is a partner with SB LLP, South Edmonton’s premier law firm conveniently located at 209, 2920 Calgary Trail NW, Edmonton, AB, T6J 2G8.

Michael has extensive experience litigating family law matters in the Alberta Court of King’s Bench and the Provincial Court of Alberta.

To learn more about Michael, please visit our website: https://sb-llp.com/michael-a-murray

*Disclaimer: This article is not intended to provide legal advice and is for information purposes only.