How to File for Custody in Alberta: Step-by-Step Filing Process

You've decided to formalize your parenting arrangements through the court. Maybe your ex won't agree to a schedule, maybe you need enforceable decision-making authority, or maybe you need interim protection while you work toward a final order. Here's the actual filing process — start to finish.

Step 1: Determine Which Court and Which Form

Married parents filing for divorce use the Court of King's Bench. You file a Statement of Claim for Divorce, which includes your claims for parenting time, decision-making responsibility, child support, and property division. Filing fee: $310 (includes the $10 Ottawa registration fee). At least one spouse must have been ordinarily resident in Alberta for one continuous year before filing.

Unmarried parents (including Adult Interdependent Partners) also use the Court of King's Bench but file a Family Law Act Claim using Form FL-10. Filing fee: $100. The child must reside in Alberta.

Provincial Court handles some family matters too, but if you want a divorce or property division, you must go through the Court of King's Bench.

Step 2: Complete the Pre-Court Requirements

Under Alberta's Family Focused Protocol, you cannot file your application until you've completed four mandatory steps:

1. Parenting After Separation (PAS) course — free, three hours, online. File the certificate with the court clerk. Your certificate must be less than two years old.

2. Alternative Dispute Resolution attempt — mediation, collaborative law, or a four-way settlement meeting within the past six months. Get the signed Participation in ADR form (Form CTS13473).

3. Financial disclosure — if child support or spousal support is involved, complete and swear a Financial Disclosure Statement (Form CTS13472) with three years of tax returns, CRA notices of assessment, recent pay stubs, and bank statements.

4. Family Court Counsellor meeting — mandatory for self-represented parents with children. The counsellor explains the process and helps organize your materials.

If you face immediate safety risks (family violence, child abduction), file a Desk Application to Waive/Defer Mandatory Requirements (Form KB233) to bypass these steps and access an emergency hearing.

Step 3: Prepare and File Your Application

Draft your Statement of Claim or FL-10 application. Include:

• Your proposed parenting time schedule (specific days, transition times)
• Your proposed decision-making responsibility arrangement (joint or sole, and for which categories)
• Your child support position (based on the Federal Child Support Guidelines table amounts for the payor's income)
• Any Section 7 extraordinary expenses and proposed sharing

File at the courthouse or through Justice Digital. Keep a copy for yourself and get a court-stamped copy for service.

Step 4: Serve the Other Parent

The respondent must be personally served with:

• Your filed Statement of Claim or FL-10
• Your Financial Disclosure Statement
• Your PAS certificate

Personal service means the documents are physically handed to the respondent by someone other than you — a process server, a friend over eighteen, or the Sheriff's office. After service, the person who served the documents swears an Affidavit of Service.

The respondent has 20 days to file a Response or Statement of Defence if served in Alberta, one month if elsewhere in Canada, and two months if outside Canada.

Step 5: Submit the MIT Package

Compile the Mandatory Intake Triage package: your pleadings, financial disclosure, PAS certificate, ADR form, and the Affidavit of Service. Submit it through Justice Digital.

A Case Management Officer reviews the package. If anything is missing, the CMO rejects the filing and you need to fix it before proceeding. If approved, the court schedules a Mandatory Intake Triage Conference.

Step 6: Attend the MIT Conference

The MIT Conference is a one-to-two-hour on-the-record hearing with an assigned Justice. The Justice reviews your file, addresses urgent interim needs (temporary schedules, interim child support), and sets procedural timelines.

This Justice stays with your file for all future case management steps. Come prepared with a clear, specific parenting proposal — the MIT Justice may issue interim directions based on what you present.

Step 7: Settlement Conference or Trial

If the MIT Conference doesn't resolve everything, you request a Settlement Conference with a different Justice. Each side files a Settlement Memorandum at least 14 days before. Most cases settle at this stage.

If settlement fails, the case proceeds through Case Conferences and eventually to trial — typically 18+ months from the Settlement Conference.

Timeline Summary

Coming Prepared

The single biggest factor in how smoothly this process goes is preparation. Parents who arrive at the MIT Conference with a detailed, written parenting plan — covering schedules, holidays, decision-making, expenses, and communication — get better interim directions and settle faster.

The Alberta Child Custody & Parenting Plan Guide walks through every step above with fillable worksheets, consent order templates, and financial disclosure organizers designed for the Family Focused Protocol timeline.

See more Alberta guides →