Find the right court and law

Two courts and five laws deal with <TYPE OF LAW> issues in Alberta. Which law and court apply to your situation depend on what issue you need to resolve.

Answer a few questions to find out which court and law to use. We won’t gather any details that identify you personally.

Read more details about each court and law on the <TYPE OF LAW> courts and law page.

Are you experiencing family violence?

Yes

Help is available.

If you are in immediate danger, call 911. For more resources, visit the If you are in danger page.

To learn more about what you can do to protect yourself, including getting a protection order, visit the What to do about family violence page.

Is Children’s Services involved with the child?

Yes

Use the Child Youth and Family Enhancement Act in either the Court of Justice or the Court of King’s Bench.

To help you decide which court will work better for your situation, visit the Family courts and laws page.

To learn more about Children’s Services, visit the If Children’s Services is involved page.

Do you want contact with a child but you are not their guardian?

For example, you are a grandparent or a parent who is not a guardian.

Yes

Have the child’s guardians already been to court to deal with separation issues?

Yes

Use the same court, law and file number that the child’s guardians used.

This way the court file stays together.

If you are not sure what the court, law or file number is, you can ask one of the guardians or the court clerk for this information.

To learn more about getting contact, visit the Spend time with a child if you’re not their caregiver page.

Use the Family Law Act in either the Court of Justice or the Court of King’s Bench.

To help you decide which court will work better for your situation, read the pros and cons on the Family courts and laws page.

To learn more about getting contact, visit the Spend time with a child if you’re not their caregiver page.

Are you dealing with a separation from a spouse or partner?

Yes

Are you asking the court to declare who a child’s parents are?

Yes

Use the Family Law Act in the Court of King’s Bench.

You can also deal with other family issues in the Court of King’s Bench using the Family Law Act.

For example, you may need to figure out who pays child support, when each parent will have parenting time with the child and who has decision-making authority for the child.

To learn more, visit the Family courts and laws page.

Contact a legal professional for help.

To find legal help near you, use the Find legal support tool.

Have you already been to court to deal with family issues after this separation?

For example, child support, spousal support, parenting time, decision-making authority for a child or dividing property.

Yes

Use the same court, law and file number that is on your other court documents.

This way the court file stays together.

Exceptions:

If you were married or adult interdependent partners and are now dealing with dividing property, you must use the Family Property Act in the Court of King’s Bench. This applies even if you have used a different court or law to deal with other family issues.
If you were married and are now filing for divorce, you must use the Divorce Act in the Court of King’s Bench. This applies even if you used a different court or law to deal with other family issues.

Are you getting a divorce, now or in the future?

Yes

Use the Divorce Act in the Court of King’s Bench.

You can also use the Divorce Act in the Court of King’s Bench to deal with support, parenting time and decision-making authority for a child.

If you need to divide property, use the Family Property Act in the Court of King’s Bench.

To learn more about the divorce process, visit the Get a divorce page.

Do you need to divide property acquired during the relationship?

Yes

Use the Family Law Act in either the Court of Justice or the Court of King’s Bench.

If you have a child, you may need to figure out who pays child support, when each parent will have parenting time with the child and who has decision-making authority for the child.

To help you decide which court will work better for your situation, read the pros and cons on the Family courts and laws page.

Are or were you in an adult interdependent relationship?

An adult interdependent relationship exists if:

you lived together in a relationship of interdependence for at least 3 years, or
you lived together and had a child together, or
you signed an adult interdependent relationship agreement.

Yes

Use the Family Property Act in the Court of King’s Bench.

If you have other family law issues, use the Family Law Act also in the Court of King’s Bench. For example, if you have a child, you will have to figure out who pays child support, when each parent will have parenting time with the child and who has decision-making authority for the child.

To learn more, visit the Family courts and laws page.

Use general property law principles in either the Court of Justice or the Court of King’s Bench.

To learn more about which court to start a claim in, visit the When you can’t agree how to divide your assets and debts page.

If you have a child, you can deal with issues like child support, parenting time and decision-making authority using the Family Law Act in either of these courts. File forms for family issues at the family counter at the courthouse.

To help you decide which court will work best to deal with other family issues, read the pros and cons on the Family courts and laws page.