In Alberta, navigating the family law system requires an understanding of the judicial structure, specifically the roles of the Alberta Court of Justice and the Court of King’s Bench. Both courts play pivotal roles in the administration of family law, but they serve different functions and have distinct jurisdictions. This blog post aims to demystify these differences, providing clarity on where to go for various family law matters in Alberta. 

The Alberta Court of Justice 

The Alberta Court of Justice primarily handles matters related to criminal, youth, and some family law cases. In the context of family law, this court deals with cases that involve: 

Parenting and Contact Orders: Decisions about parenting time, decision-making responsibilities, and contact with a child for non-guardians within the context of the Family Law Act.  

Support Orders: Initial orders for child and spousal support, often in conjunction with parenting or contact orders. 

The Alberta Court of Justice is known for its accessibility and its focus on resolving family law matters that require immediate attention or do not involve complex legal disputes over property. 

The Court of King’s Bench 

The Court of King’s Bench of Alberta is a superior court with a broad jurisdiction over civil, criminal, and family law cases. When it comes to family law, this court has the authority to handle a wide range of issues, including but not limited to: 

Divorce Proceedings: All matters related to the dissolution of marriage, including the division of marital property. 

Comprehensive Child and Spousal/Partner Support Orders: Apart from initial orders, the Court of King’s Bench can modify or enforce existing support orders, considering the full scope of the parties’ financial circumstances. 

Custody and Access: Decisions regarding who has custody of the children and the access rights of the non-custodial parent, often part of broader divorce proceedings. 

Family Property: All issues related to the division of property between spouses following a separation or divorce. 

Conclusion 

Understanding the distinction between the Alberta Court of Justice and the Court of King’s Bench is crucial for anyone navigating the family law system in Alberta. By knowing which court to approach for specific family law matters, individuals can more effectively seek the legal remedies and support they need during challenging times. 

For further guidance on family law proceedings and choosing the right court for your situation in Alberta, Jaswal Law is here to assist. Our expertise in family law ensures that you receive knowledgeable support and representation tailored to your unique circumstances. Visit our website at www.jaswal-law.ca or contact us at info@jaswal-law.ca for more information. 

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult with a legal professional.