The Courts

Court is King's Bench is Alberta's superior level court. The processes and rules are much more formal and the court fees are higher.

The Court of King's Bench deals with all five laws for family issues:

1. Alberta's Protection Against Family Violence Act: Helps protect victims of family violence from further violence. It describes how to keep yourself safe such as Emergency Protection Orders and King's Bench Protection Orders.

2. Alberta’s Family Law Act: This legislation covers establishing parentage, guardianship of children, contact between a non-parent or non-guardian and a child, and child and spousal/adult interdependent partner support obligations for former spouses/parents who were never married or are not seeking a divorce.

3. Alberta’s Family Property Act: Deals with dividing property in Alberta when a marriage or adult interdependent partnership ends. It only applies to spouses and partners, and does not apply to unmarried couples who are not adult interdependent partners.  

4. Canada’s Divorce Act: Deals with divorces. It only applies to spouses who are or were legally married. It covers how to get a divorce and many of the same issues as the Family Law Act such as child support, spousal support, parenting time and decision-making authority for a child. 

5. Alberta’s Child, Youth and Family Enhancement Act (CYFEA): An Alberta law in place for protecting and safety and wellbeing of children, youth and families who may be at risk of abuse, neglect, or in other harms way and situations. The Act gives authority for child and youth services (CFS) to provide services in support of these children in need of intervention. In case of last resort, the Child, Youth, & Family Enhancement Act allows any children to be removed from the home if they are unsafe within it. It outlines the roles, responsibilities, and procedures for conducting investigations, providing services, and making decisions related to the care and protection of children and youth.

​This means that this court can manage all issues that the Court of Justice can hear, plus:

• exclusive possession of the family home or household goods

• divorces and other family issues under the Divorce Act

• dividing property under the Family Property Act

• dividing personal property or real estate using general property principles, including the law of unjust enrichment

• declaring who a child's parents are, called a declaration of parentage

• declaring spouses or partners are not going to reconcile, called a declaration of irreconcilability

• holding money in trust or dealing with real estate

• adoption

• surrogacy