News & Announcements

Below is an archive of the announcements released by the Court. Subscribe to the mailing list to receive notifications via e-mail when new Court of Queen's Bench announcements are posted.

 

Notice to the Profession & Public: Family Law Simple Desk Application Process

May 8, 2020

Effective immediately, in family law matters, desk applications may be made to the Court for simple applications (defined as those matters set out in the Application List below). There is a limit of two (2) issues per application. Any sworn Affidavit shall not exceed 5 pages excluding exhibits. Statements and Reply Statements are exempted from the page limits, but if additional pages are attached to those forms, they shall be limited to four (4) pages excluding exhibits. Exhibits shall not exceed 10 pages.

To make a desk application using this process:

1. The Applicant must file electronically with the Clerk and serve on the Respondent, the documents required for the application together with a proposed form of Order setting out what the Applicant is asking the Court to order. For a divorce action, the application documents will be the Application (FL-18) and supporting Affidavit. For an action under the Family Law Act, the application documents will be the Claim (FL-10) and supporting Statement(s) or Affidavit as set out in the Alberta Rules of Court. The court date and time in these forms shall be filled in as "Desk Application - the Respondent is directed to
https://www.albertacourts.ca/qb/resources/announcements/npp-family-law-simple-desk-application-process for the deadlines for filing a response”. The applicable forms are available on the Court’s website here;

2. If the Respondent wishes to put evidence before the Court for consideration, then:

a. If the application is being made in an existing action under the Divorce Act or the Family Law Act, the Respondent has 10 days after being served with the application documents, to file electronically with the Clerk and serve on the Applicant, an Affidavit or Reply Statement; or

b. If the application is being made as the first application in a new proceeding under the Family Law Act, the Respondent has 20 days after being served (one month if service is effected in Canada but outside of Alberta, or 2 months if service is effected outside of Canada) to file electronically with the Clerk and serve on the Applicant, an Affidavit or Response-Family Law Act; or

c. If the application is being made after an Order or Judgment in a divorce action pursuant to Rule 12.45 of the Alberta Rules of Court, the Respondent has 20 days after being served to file electronically with the Clerk and serve on the Applicant, an Affidavit in response.

The Respondent may also provide a proposed form of Order with their response.

3. If there is no response from the Respondent, the Applicant may submit electronically, the application documents, the proposed Order that was provided to the Respondent, proof of service of the application documents and proposed form of Order on the Respondent, and Notice of No Response to Desk Application.

The forms can be filed via e-mail to the following:

Judicial Centre Email Address
Peace River QBfiling.PeaceRiver@just.gov.ab.ca
Fort McMurray QBfiling.FortMcMurray@just.gov.ab.ca
Grande Prairie QBfiling.GrandePrairie@just.gov.ab.ca
St. Paul QBfiling.StPaul@just.gov.ab.ca
Edmonton QBfiling.Edmonton@just.gov.ab.ca
Wetaskiwin QBfiling.Wetaskiwin@just.gov.ab.ca
Red Deer QBfiling.RedDeer@just.gov.ab.ca
Calgary QBfiling.Calgary@just.gov.ab.ca
Lethbridge QBfiling.Lethbridge@just.gov.ab.ca
Medicine Hat QBfiling.MedicineHat@just.gov.ab.ca
Drumheller QBfiling.Drumheller@just.gov.ab.ca

4. The desk application will be submitted to a Justice for consideration. If approved, the Justice will sign the proposed Order. If the Order is refused or a different Order is granted, the Justice may provide an Endorsement containing abbreviated reasons for refusing the Order or granting a different order. The Applicant shall, within 7 days of receiving any such Endorsement, prepare and submit the Order granted to the Court for signing and filing. The Order must be served on the Respondent as soon as possible. If the Justice determines that the matter is not appropriate for a desk application process, the Justice may direct the parties to a scheduling process for a hearing.

5. If the Respondent has filed a response to the application, the Applicant has 7 days to reply to that response. After all documents have been filed, if the parties fail to reach an agreement for a Consent Order, the Applicant may then submit electronically to the locations associated e-mail addresses above, the application documents, the proposed Order that was provided to the Respondent, proof of service of the application documents and proposed form of Order on the Respondent, the responding affidavit/reply statement filed by the Respondent along with any proposed form of Order provided by the Respondent, and any reply affidavit/statement filed by the Applicant;

APPLICATION LIST

  1. Consent to travel
  2. Dispense with consent to passport application
  3. Table amount of child support where income is Line 150.
  4. Determination of a section 7 expense.
  5. Parenting time (holidays or special occasions)
    • Christmas
    • Other religious holidays
    • Spring/fall break
    • Birthdays
    • Mother’s Day / Father’s Day
    • Summer
    • Long weekend
  6. Simple Parenting Variation Application (e.g. pick up location, pick up or drop off time, change in supervisor, and other simple changes to parenting arrangement)
  7. Termination of child support (for adult children)
  8. Stay of enforcement of child/spousal support, provided that the Applicant has first attempted to make payment arrangements with the Director of Maintenance Enforcement and has been unsuccessful
  9. Exclusive possession of matrimonial/family home
  10. Where the sale of the matrimonial home has been ordered, changes to terms of listing
  11. Access to educational, medical, dental records
  12. Registration in extracurricular activities
  13. Change of name
  14. Adjournment request
  15. Filing time extensions / changes
  16. Orders for production
  17. Support variation if simple

Application under Section 126.11 Child Youth and Family Enhancement Act (on notice to Director, with notice to be emailed to JSG.FASCL126-11disc@gov.ab.ca)

On applications to very or terminate child support and for stays of enforcement of child or spousal support, the Director of Maintenance Enforcement must be served notice by email to jsg.fsossiu@gov.ab.ca  (email address for notice only and not for enquiries)

Assistance to apply/respond to a simple desk application may be obtained by contacting the RCAS contact centre who can direct you to assistance with forms and legal advice.