Family Law / Divorce Library

Our library contains very general information about various areas of the law. It is written by lawyers who are listed in our directory and provide legal coaching or limited scope legal services.

We're continuously adding to this Library, parts of it may be incomplete.


You're Viewing:

Family Court:
Filing Court Applications

Filing Court Applications

A Court Application is a request for a court to make a court order. What you'll file depends on which court you need help from. See Family Court Basics to decide which court, which type of application, and what else will need to be filed.

The person who is filing the Application is known as the Applicant, and person responding is known as the Respondent. If the Respondent is applying for something as well, they would file a Cross Application, then they'd be the Cross Applicant and the Applicant would be the Cross Respondent.

Applications, Claims, Statements, and Affidavits all need to be Served on the opposing party.

In the Provincial Court, an application is brought by filing a "Claim - Family Law Act, which can be found at https://formsmgmt.gov.ab.ca/Public/CTS3459.xdp As you'll see in that form, the type of application will also require that other forms be filed, Statements. Statements, as well as the Respondent's Reply Statements, can all be found at https://albertacourts.ca/pc/resources/forms/family-and-youth-forms-and-publications

In the Court of King's Bench, there are essentially two types of court applications:

  1. Desk Applications, where a judge makes a decision based on your Desk Application and sworn Affidavits, and there is no hearing; or
  2. All other applications, which you obtain permission to bring through Family Docket Court (see Family Court Basics). These applications are what is filed if you've been directed to a hearing in Regular Chambers, Special Chambers, Urgent Matters Chambers. This is also the case if you're applying to an Applications Judge in Motions Court.

Desk Applications have their own forms:

  1. Divorcing has it's own desk divorce application; orliliSome issues can be decided through the Simple Desk Application process. The list of issues qualifying for this process, and more information about the process, can be found at https://albertacourts.ca/qb/resources/announcements/npp-family-law-simple-desk-application-process

Other Court of King's Bench Applications are filed using Form FL-18, which can be found here: https://cfr.forms.gov.ab.ca/Form/CTS3836.pdf

Other than a Desk Divorce (which is either agreed upon or court ordered), all Applications are also filed with a sworn Affidavit. Affidavits set out the relevant facts that you want to rely on in your Application, or in response to an Application. The Applicant files their Affidavit along with their Application. The Respondent can then respond with their own Affidavit. The Applicant could then filed another Affidavit (Reply Affidavit), addressing only new issues raised by the Respondent. If there's a Cross Application, the Respondent would be able to file another Affidavit as well (Reply Affidavit), again only addressing new issues raised in the Applicant's second Affidavit.

A separate procedure applies to Interjurisdictional Support Orders, which is where you or your former spouse reside in another province or country, and someone is seeking or looking to change Child Support, Spousal Support, or Partner Support. Learn more: https://www.alberta.ca/interjurisdictional-support-order-forms.aspx



Want to receive new and updated Library content by email?






You're Viewing:

Family Court:
Filing Court Applications

Authors

Content by Ken Proudman of BARR LLP (Edmonton)

Last updated on January 21, 2023

This page has not yet received a complete review.

DISCLAIMER: The content in this Library is provided by generous volunteer lawyers. It is not legal advice, and does not represent the views of the Alberta Legal Coaches and Limited Services Society. The listed authors have only added paragraphs, and have not reviewed the entire document, nor any subsequent edits. You should not rely entirely on this material, we strongly recommend that you consult a lawyer. By using this website in any way, you agree to be bound by our Terms of Use.








© 2021 to 2024 Alberta Legal Coaches and Limited Services Society.

DISCLAIMER: The information herein is not legal, tax, or accounting advice or opinions. This website contains content and files submitted by third parties, to which you download or view at your own risk. The Alberta Legal Coaches and Limited Services Society is merely a directory, it is not responsible for the actions or omissions of the lawyers listed in its directory. By using this website, you agree to release the Alberta Legal Coaches and Limited Services Society, its agents, employees, and directors from all present and future claims and liability, including liability arising from any negligence.

View full Terms & Conditions and Privacy Policy