A Guide to the Alberta Family Courts
Understanding the Alberta Family Court system can be a complex for self-represented parties. At OP Lawyers LLP, our dedicated Calgary family lawyers team is committed to providing unwavering support to clients as they navigate the Family Courts in Calgary, Alberta. In this blog, we will summarize the various levels of the Alberta Family Court system, from Court of Justice to the Court of Appeal, outlining the functions, jurisdiction, and how we can assist clients for various needs.
Court of Justice
The Court of Justice of Alberta is often the starting point for many family law matters. This level of court handles a wide range of issues, including parenting, child support, partner support, and parenting arrangements. It’s important to note that the Court of Justice has jurisdiction over cases involving unmarried couples as well as married couples under the Family Law Act of Alberta. The Court of Justice does not address any property issues that fall under the Family Property Act. It also does not address remedies that fall under the Divorce Act and has no jurisdiction to hear matters under the Act. The Court of Justice of Alberta is often characterized as a less informal process compared to higher levels of court.
Our dedicated lawyers at OP Lawyers LLP understand the significance of the Court of Justice as the initial step in the legal process. We work closely with our clients to assist with proper legal representation from the onset, whether it is filing documents, attending Judicial Dispute Resolutions or trial. Depending on the matters that need to be addressed, there are pros and cons about scheduling your matter before the Court of Justice of Alberta. Our lawyers can guide you and help you understand whether your matter is suitable for the Court of Justice of Alberta.
Court of King’s Bench
The Court of King’s Bench in Alberta handles more complex family law cases, particularly those involving substantial assets, property division, and any other matter that falls under the Divorce Act, including parenting, child support, and spousal support.
The Court of King’s Bench has the authority to grant divorces and address various family-related issues. The Court of King’s Bench is equipped to provide comprehensive solutions, including temporary and final orders, and its decisions can significantly impact individuals and families.
There are various venues that can be chosen when dealing with the Court of King’s Bench and family matters. They include family docket, morning chambers, domestic specials, early intervention case conferences, binding and none binding judicial dispute resolutions, oral hearing and trials.
At OP Lawyers LLP, our experienced legal team will diligently prepare and present our clients’ cases, utilizing our expertise to guide our clients through the various venues available to deal with different issues. Our Calgary Family Lawyers can help you make the right decision about different venues available depending on the complexities of your case and desired outcomes.
Court of Appeal of Alberta
When a party believes that an error has been made, either an error in law, in fact or a mixed error and fact and law, during a decision at the lower court level, they have the option to appeal to the Court of Appeal if the last review and decision was made at the Court of King’s Bench of Alberta. The Court of Appeal does not rehear a case, rather reviews the legal process to ensure that errors were not made. Appeals to the Court of Appeal require careful consideration, as they involve complex legal arguments and a thorough understanding of appellate procedures.
Our dedicated lawyers at OP Lawyers LLP recognize the importance of appellate work and have a great understanding of the Court of Appeal procedures. Appeal cases more often than not can be unsuccessful because of the deference the Appeal court will give to decisions made in the lower courts. As such, unless the circumstances are right, it is not always best to bring your matter before the Court of Appeal without careful consideration. Should that becomes necessary, our lawyers can carefully discuss and analyze your case and provide you with legal advice with respect to the procedure and whether an appeal is appropriate in your circumstance.
Conclusion
Navigating the various levels of the Alberta Family Court system requires a dedicated legal team with experience and expertise. At OP Lawyers LLP, we are commitment to providing comprehensive support to clients throughout their legal journey. From the Court of Justice, where matters often begin, to the Court of King’s Bench and the Court of Appeal, where complex issues are addressed and reviewed, our experienced Calgary Family Lawyers are here to assist.
We understand that family law matters can be emotionally charged and legally intricate. Our team is prepared to guide clients through the legal process, ensuring that their rights are protected, their interests are represented, and their voices are heard.
If you are facing family law issues in Alberta, contact us for knowledgeable and dedicated legal representation. Remember, this blog provides a general overview of the Alberta Family Court system and is not a substitute for personalized legal advice. For specific guidance tailored to your situation, contact our experienced lawyers today
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified family lawyer at OP Lawyers LLP or another legal professional.