Effective January 2, 2026, family law matters in the Alberta have begun moving through a new system called the Family Focused Protocol (FFP), which effectively replaces the old family law system in Alberta’s Court of King’s Bench. The FFP replaces the previous system, structured around Family Docket Court (which in and of itself was an invention of the Covid era) and the more traditional regular and special chambers as directed by the Family Law Practice Note. The FFP also changes how divorce, parenting, support, and family property matters proceed through the Court, particularly from its initial stages. The stated (and lofty) goal of the FFP is to make family litigation more organized, less adversarial, and more focused on resolving issues in a timely manner.
The FFP is intended to represent a significant shift away from the previous system, historically or at least anecdotally plagued by interim court applications toward a more structured process aimed toward obtaining final orders. Instead of dealing with issues piecemeal, the Court now requires a more fulsome picture of the family’s circumstances at the beginning of a case through a series of forms, presumably instead of through actual pleadings. Under the previous system, it was common for matters to involve multiple interim applications before moving to trial.
The new approach aims to focus on structure, early preparation, and proactive case management. Most cases are expected or hoped to move towards resolution within approximately 18 months.
The FFP has only recently been implemented and remains in its early stages and therefore it is essential to stay up to date on developments. Directions to litigants and lawyers are evolving. Ongoing refinements, adjustments, and clarifications to the FFP are anticipated as the process moves forward, and the existing directions provided by the Court leave several questions unanswered as to how to proceed or as to how to apply certain aspects of the new system.
Why Alberta Introduced the FFP:
Alberta introduced the FFP in response to the challenges many families faced under the previous model. Family law disputes can be stressful, expensive, and emotionally difficult, particularly when children are involved.
The FFP is intended to address these concerns by encouraging earlier preparation, greater transparency, and genuine efforts to resolve disputes before involving the Court. The Court now has stated goals of identifying the issues in dispute, setting timelines, and directing how the matter will proceed. It should be noted that moving matters efficiently through the Courts has always been the aim of the Court and the same is already explicitly set out in Alberta’s Rules of Court. To the cynical observer, the new FFP may be seen as providing significant new barriers to entering the court system and represents nothing more than an overtly bureaucratic and cumbersome process to access justice for those in need of relief. It remains to be seen as to whether the FFP will achieve its stated goals and it is hoped that the FFP can work for all Albertans in the long run.
For individuals going through a separation, the new system directs a more fulsome level of steps at the outset and dictates that individuals attempt to resolve matters in advance of entering the court system. Effectively, parties should not wait until a court date to organize their documents, exchange financial disclosure, or think about settlement.
Mandatory Requirements: Four Steps Before You File
Accessing the FFP requires completing several mandatory steps. The Court now acts as a gatekeeper and will generally not schedule a hearing or court appearance unless these requirements have been met, subject to limited exceptions such as urgent matters. Where this will place more disadvantaged litigants with limited funds or those in need of more immediate assistance that Alberta Courts consider to be non urgent remains to be seen.
Notionally, the intent is to ensure that parties have made reasonable efforts to resolve issues and have exchanged the necessary information before appearing before a Justice.
To proceed with a Regular Family Process application under the Family Focused Protocol, four main requirements must be satisfied:
Parenting After Separation (PAS): If your case involves children under 18, both parties are generally required to complete this online course. You must file a certificate showing completion within the last two years, unless an exemption applies.
Alternative Dispute Resolution (ADR): You are generally required to attempt a resolution process outside of Court. This can include mediation, a collaborative law process, or a formal four-way settlement meeting between lawyers and parties. This attempt must generally have occurred within the six months prior to your filing, unless the Court grants an exception.
Comprehensive Financial Disclosure: Financial disclosure is required at the outset of the case. You must provide a Financial Disclosure Statement and the required supporting documentation, such as tax returns and pay statements, and certify that disclosure has been properly exchanged.
Meeting with a Family Court Counsellor: This step applies specifically to self-represented parties with dependent children, unless an exemption applies. It generally does not apply where both parties are represented by counsel.
These requirements are designed to ensure that, by the time a matter reaches the Court, both sides have a clear understanding of the issues. How the courts navigate the presumptively higher costs to access the court system in light of the new requirements remains to be seen.
If a party is unable to complete a requirement, they must request a waiver and clearly explain why the requirement cannot be met. However, a waiver is not required if dispute resolution efforts were unsuccessful; in that case, parties simply complete a Participation in ADR form.
What Is the Mandatory Intake Triage (MIT) Conference?
Once the initial application is filed, the matter moves to a Mandatory Intake Triage (MIT) Conference. This is designed as a key stage in the process. The MIT Conference is not a trial or final hearing. Instead, it is an early case management step where a Justice reviews the file, confirms that all requirements have been met (or properly waived), identifies the issues in dispute, and provides direction on the next steps. In addition, other interim applications can be heard at the MIT stage of the process by the assigned MIT Justice.
Regular, Desk, or Urgent: Which Stream Applies to Your Case?
Once you have completed the Mandatory Intake Triage Conference, your matter will proceed in the stream identified through the triage process. This is a central feature of the Family Focused Protocol in the Court of King’s Bench of Alberta. Your lawyer can help you understand which stream is likely appropriate for your specific circumstances.
The three primary streams include:
The first is the Regular Family Process, which is the standard track for most contested cases. This process follows a structured timeline and includes completing the mandatory requirements, commencing the action, filing the MIT package, attending the MIT Conference, participating in settlement discussions if required, and proceeding to trial if the matter remains unresolved.
The second is the Desk Process. This stream is designed for matters that can be resolved through written materials. If the parties agree on certain issues, or if the legal questions are straightforward, a Justice may make a decision based on the filed documents. This avoids the need for an in-person hearing and can reduce time and legal costs.
The third is the Urgent Process. If there is an immediate risk of harm, the unauthorized removal of a child, or the imminent loss of property, a matter may qualify for urgent consideration. Specific evidence must be provided to satisfy the Court that the issue cannot wait for the standard triage process.
Selecting the appropriate procedural path is important for managing the cost and duration of your file. The Family Focused Protocol is designed to align each case with the level of judicial oversight it requires, with the goal of reducing unnecessary delay within the Alberta family law system.
Why the 18-Month Timeline Matters for Your Case
Under the Family Focused Protocol in the Court of King’s Bench of Alberta, most Edmonton family law matters are expected to move toward resolution within approximately 18 months of filing. Whether these timelines are met with regularity or whether the system functions better than that which pre-existed it remains to be seen.
Note: This article provides general commentary and is in no way intended to replace the need to consult with a legal professional concerning the specific circumstances of your situation. This article should not be construed or relied upon as legal advice.
