Family Law / Divorce Library

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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



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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.

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