Family Focused Protocol Alberta: The 2026 Court Process Explained
Family Focused Protocol Alberta: The 2026 Court Process Explained
You're ready to file for custody in Alberta, and you assume the process starts with a courtroom. It doesn't. Since January 2, 2026, the Court of King's Bench has operated under the Family Focused Protocol — a mandatory, front-loaded system designed to push parents toward resolution before a judge ever hears their case.
The FFP fundamentally changed how family law disputes move through the Alberta court system. Understanding the protocol isn't optional — skipping steps or filing paperwork out of sequence gets your application rejected.
The Four Mandatory Pre-Court Steps
Before you can file any application seeking parenting time, decision-making responsibility, or child support in the Court of King's Bench, you must complete all four of these steps (unless you qualify for an emergency waiver):
1. Parenting After Separation (PAS) course. The applicant must complete this free, three-hour online course and file the certificate of completion with the court clerk. The respondent has 14 days from being served to complete it. Certificates expire after two years.
2. Alternative Dispute Resolution attempt. Both parties must attempt an ADR process — mediation, collaborative law, or a four-way settlement meeting — within six months before filing. The ADR facilitator must be a trained neutral who screens for family violence and power imbalances. You'll need a signed Participation in ADR form (Form CTS13473).
3. Financial disclosure exchange. If child support, spousal support, or property division is in play, both parties must complete and swear a Financial Disclosure Statement (Form CTS13472). This must include three years of personal income tax returns, CRA notices of assessment, three recent pay stubs, and bank and credit card statements.
4. Family Court Counsellor meeting. Self-represented parents with dependent children must meet with a Family Court Counsellor who explains the procedural requirements, helps define the parenting issues, and guides them through organizing their financial disclosure.
The Emergency Waiver
If you face immediate safety risks — family violence, child abduction, or severe economic harm — you can file a Desk Application to Waive/Defer Mandatory Requirements (Form KB233 / Form CTS13474). This allows you to bypass the pre-court steps and proceed directly to an emergency hearing. The threshold is genuine, immediate danger — not general conflict or urgency.
Filing and the MIT Package
Once your pre-court steps are done, you file your application (Statement of Claim for Divorce at $310, or Family Law Act Claim using Form FL-10 at $100) and serve it on the other party. The respondent has 20 days to respond if served in Alberta, one month if elsewhere in Canada, two months if outside Canada.
You then compile and submit the Mandatory Intake Triage (MIT) package through Justice Digital. This package bundles your pleadings, financial disclosure, PAS certificate, and ADR participation form. A Case Management Officer reviews it for compliance. If anything is missing or incomplete, the CMO rejects the filing entirely — no partial credit.
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The MIT Conference
If the CMO approves your package, the court schedules a Mandatory Intake Triage Conference. This is an on-the-record, one-to-two-hour hearing with an assigned MIT Justice.
The MIT Justice reviews the file, addresses urgent interim needs (temporary parenting schedules, child support), sets procedural timelines, and issues written directions. The same Justice stays assigned to your file for all subsequent steps — giving you judicial continuity instead of explaining your situation to a new judge at every appearance.
Settlement Conference
If issues remain unresolved after the MIT stage, the parties request a Settlement Conference. This is a two-to-three-hour closed-door meeting with a different Justice — one who hasn't seen the file before, providing a fresh perspective.
Each party must serve a detailed Settlement Memorandum at least 14 days before the conference. The Settlement Justice actively facilitates negotiation, pushing both sides toward a binding consent order. Most cases settle here. The ones that don't proceed to Case Conferences and eventually trial, but that's 18+ months out.
Why This Matters for Your Parenting Plan
The FFP is designed to resolve disputes before trial, which means your parenting plan proposal is your most important document from day one. Arriving at mediation or the MIT Conference with a vague, verbal outline puts you at a disadvantage. A structured, detailed parenting plan — covering schedules, holiday rotations, decision-making allocation, Section 7 expenses, and communication protocols — shows the court and your mediator that you're serious about resolution.
The Alberta Child Custody & Parenting Plan Guide is built around the FFP timeline, with worksheets for each stage: pre-mediation preparation, financial disclosure organization, and consent order drafting.
Key Takeaway
The FFP front-loads the work. You can't walk into court and wing it. Complete PAS, attempt ADR, exchange financials, meet with a counsellor, and come prepared with a written parenting plan. The parents who do this resolve faster and spend less — both in legal fees and emotional energy.
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