Alberta’s new ‘streamlined’ family law system could expedite divorces, child support matters

Part of Alberta’s family law system has gotten a major overhaul — one that could move matters, such as divorce and child support, along faster.

The new system launched by the Court of King’s Bench of Alberta, called the Family Focused Protocol, came into effect Jan. 2. The official notice for the change calls the protocol a "family-centred, resolution-oriented, and streamlined approach to family matters.”

While previously it could take several years for certain matters to make it to trial, the new system intends to schedule trials (if matters remain unsettled) within 18 months.

"This transformation is driven by the recognition that adversarial litigation during family breakdowns can inflict significant physical and psychological harm on families," said Chief Justice Kent Davidson, Justice Anna Loparco and Justice Sherry Kachur on behalf of the Court of King’s Bench of Alberta.

"The new protocol is designed to mitigate the detrimental and lasting impacts of high-conflict litigation, particularly on children."

A family entering the legal system will now be assigned a single judge — called a Mandatory Intake Triage Justice — who will assess and deal with the parties’ short-term needs.

That same individual will then become the family’s “Case Conference Justice” and guide them through the process to a final determination, either through resolution or, if necessary, by trial.

Marc Massie, a family lawyer at Vogel LLP in Calgary, says the new “streamlined” system will, in theory, act like a “conveyor belt” that pushes cases along in the system, without putting the onus on families to move onto the next step themselves.

“Previously, you would simply file your statement of claim and you could run, effectively … as many interim applications as you wanted and you wouldn't have to be pressed to do anything to push it to trial, so long as you continue to move the matter through the system even in these small incremental steps,” Massie said.

The Family Focused Protocol also allows parties to bring forward interim applications at the first meeting with the justice. Interim applications can be filed on matters such as decision-making for the children, parenting, child and spousal support, and property.

In the old system, each one of the issues brought forward would have 20 minutes for adjudication. Now, all the interim applications receive a total of 60 minutes and must be filed with far less paperwork than before, Massie explained.

The justice will then put interim resolutions in place for whatever they can tackle in that time, he said.

As for cost, Massie said the new protocol could save clients money given their legal matters should be resolved in a relatively quicker time frame.

Hadley Friedland, an associate professor at the University of Alberta’s Faculty of Law, said she’s excited by the new protocol’s “off ramps” to help resolve problems during the process without having to escalate matters to the court. That in itself could help the parties and children involved who are already dealing with the emotional toll of a separation.