Court of King’s Bench Family Law Procedures – Part 1
Introduction to Family Law Court Procedures in Edmonton
Hello everyone, this is Peter Poon from eLaw Alliance in Edmonton. I am joined by Janan Jarrah, and today we are going to be talking about court procedures in Edmonton, specifically family law procedures, focusing on the Court of King’s Bench. In Alberta, there are two courts that you can go and apply for your parenting matters, your child support matters in Alberta.We are going to try to answer some of these questions today, to help you figure out which court is more appropriate for you when you go to make your decision.
Please note that this is simply information, and not legal advice. If you want more tailored information, specific to your circumstances, please give us a call today at 780-665-4955. Our goal today is to help you understand which court might be more appropriate for your parenting and child support matters.
Difference Between Provincial Court and Court of King’s Bench
In Edmonton, family law cases can be addressed in either the provincial court or the Court of King’s Bench. Both courts handle issues such as child support, parenting, and spousal support. However, key differences exist, particularly concerning divorce and marital property division. The Court of King’s Bench is the only court that can grant a divorce and deal with marital property claims under the Divorce Act. Changes in legislation are making the rules for property division similar for married and common-law couples, but these matters still primarily fall under the jurisdiction of the Court of King’s Bench.
Key Legislation in Family Law
The two main pieces of legislation that govern family law in Edmonton, Alberta and all of Canada is the federal Divorce Act and in Edmonton and the province of Alberta, is the provincial Family Law Act. These laws cover different aspects of family law, with increasing overlap in their application to married and common-law couples. Understanding which act applies to your situation is crucial when navigating court procedures in Edmonton.
Ultimately, the federal Divorce Act applies to legally married couples, while the Family Law Act of Alberta applies to common law couples, and couples who still have family law matters, but they have been legally divorced, as well as individuals who have had children together, but have not been common law or married.
Parenting Applications and Courses
Both the provincial courts as well as the Court of King’s Bench handle parenting matters. However, if you file in the Court of King’s Bench, you must complete the “Parenting After Separation” course. This free online course is mandatory and provides valuable information on parenting and the best interests of the child. There are some exceptions, such as language barriers, but generally, proof of completion is required before filing a parenting application or divorce in the Court of King’s Bench.
Advantages and Disadvantages of Court Procedures in Edmonton
Both courts also offer similar proceedings, including hearings presided over by a judge who can either approve agreements or make rulings in disputes. There is no significant advantage of one court over the other in terms of the final outcomes. Both courts provide duty counsel to assist self-represented individuals, ensuring that everyone has access to legal assistance during court procedures in Edmonton.
Understanding Affidavits in Family Law
An affidavit is a critical document in family law cases, serving as a sworn statement of facts relevant to your case. It accompanies your application and helps the judge understand your situation. This document must be truthful and is a formal part of your court submission.
Disclosure Requirements in Family Law Cases
In cases involving child support or property division, both parties must exchange financial disclosures. This exchange includes income information, bank statements, credit card statements, and other financial documents. Transparency in financial matters ensures that any decisions, such as child support amounts, are based on accurate information.
Filing Your Application in Edmonton
To begin your family law case, you must file the necessary documents, including your application, affidavit, and any supporting documents, at the courthouse. The location for filing depends on whether you are filing in provincial court or the Court of King’s Bench, and there is a filing fee for the latter unless you are on legal aid. After filing, you must serve the other party with these documents and provide proof of service to the court.
Serving the Documents and Setting Court Dates
Properly serving the other party with your court documents is crucial. For divorce proceedings, you cannot serve the documents yourself; someone else must do it for you. In parenting or child support cases, you can serve the documents yourself, but you must prove service with an affidavit of service. The court sets a date for the initial hearing, and you must give the other party enough time to prepare, typically 20 days if they are in the country or 30 days if they are abroad.
Next Steps and Further Information
After the initial filing and service, the next steps depend on the specifics of your case. For more detailed guidance, including what to expect during court appearances, we will cover these topics in future videos. If you have any questions or need legal assistance with court procedures in Edmonton, please contact us at eLaw Alliance.
Thank you, Janan Jarrah, for providing this valuable information. We look forward to helping more clients navigate the complexities of family law in Edmonton. Again, this informational video is not legal advice, you should seek representation if you would like advice specific to your own circumstances. Please like this video, and if you want to see more videos, hit subscribe, so you’ll never miss a new video from eLaw Alliance in Edmonton. If you have any more questions about this, or any other legal topic, please call us for a free consultation – our number is 780-665-4955.