Family Docket Court in Calgary and Edmonton
Family Docket Court is a procedural court in the Court of King's Bench in Calgary and Edmonton. This means it doesn't decide the final outcome of cases, except where the parties have an agreement.
A prerequisite to beginning the formal divorce process or custody process in the Court of King's Bench, Family Docket Court determines whether a case should follow the settlement track or proceed toward a trial. The aim is to reduce conflict and the number of cases that go to trial.
In Calgary and Edmonton, requests for new orders and requests to change existing orders under the Divorce Act, Family Law Act or Family Property Act must go through Family Docket Court. You can go before or shortly after applying for an order.
You may be exempt if:
- You're applying for a protection or restraining order.
- You're applying for an interim order without notice.
- You're asking for a consent order.
- You're given permission by a judge to not attend.
After your Family Docket Court appearance, your case progresses based on what the judge sees fit for your case.
Using Family Docket Court
The Family Docket Court process is just a few steps.
1. Schedule a Family Docket Court date
Fill out a Notice to Attend Family Docket Court (Word download) and choose four available court dates for a virtual hearing. You should check the other party's availability as well; you'll have to postpone if they can't make the date you've chosen.
If you don't have a lawyer or won't be in the same room as your lawyer during court, fill out an Undertaking and Agreement of Non-Lawyer form.
Hand your forms in at the Court of King's Bench or via email. If you're emailing the forms, make sure you use the email address for your location (listed under "Where to send your filing") and include a filled-out Email Filing Request (PDF download).
2. Inform the other party of your appearance date
The court will email your notice back to you with a file number and your Family Docket Court appearance date written on it. Email the notice from the court to the other person if you case at least five days before the court date.
3. Attend your Family Docket Court appearance online
Check in to the virtual courtroom 15 minutes early. Also, review the protocols for remote hearings before your court date. If you don't have a lawyer, you can also speak with a duty counsel by phone to ask questions.
During the appearance, the judge learns more about the issues in dispute and where each person stands. Then, the judge determines what the next steps in the case should be. They write their decision into a Family Court Docket Endorsement (Word download), which is a court order.
You'll receive the endorsement via email about one or two days after your appearance.
Possible outcomes of Family Docket Court
There are a few different courses your case could take after Family Docket Court.
Possibility #1: Referral to an alternative dispute resolution method
The judge may refer you to an alternative dispute resolution (ADR) method if you haven't gone already and it's safe for you to attend. ADR options offered by the court include mediation, early intervention case conferences and family resolution counsel.
If you reach an agreement and your ADR professional is a lawyer, they will write the terms of your agreement into an order for the judge to sign. Otherwise, you can prepare your own agreement or hire a lawyer to do it, then apply for a consent order.
If you do not reach an agreement, the professional who oversees your ADR method may prepare a report to share with the judge in Family Docket Court. This will detail the outstanding issues.
Possibility #2: Order to go back to Family Docket Court
You may have to return to Family Docket Court if the judge finds your case is not ready for the Court of King's Bench process or ADR is unsuccessful.
Possibility #3: Permission to begin the litigation process
If ADR isn't right for your case (e.g., due to family violence) or ADR doesn't result in an agreement, the judge may allow you to begin the formal process or divorce or for parenting arrangements in the Court of King's Bench.
Preparing to decide custody after Family Docket Court
Whether you go to ADR or litigation after Family Docket Court, take advantage of technology to be fully prepared.
The Custody X Change online app offers custom parenting calendars, parent-to-parent messaging, an expense tracker and more. You can use it to put together proposals for the other parent, negotiate, prepare settlement paperwork or organize evidence.
Be prepared for every step of your case with Custody X Change.