Four Mandatory Requirements
In Calgary the Government of Alberta's Family Justice Strategy sets four mandatory requirements that apply when a party asks a court to decide something, and each applies to its own set of people rather than to everyone.
- 1
Alternative dispute resolution
An alternative dispute resolution process must be attempted where the parties do not agree on any issues, before the court's assistance is sought. The attempt has to have been made within the past six months, a Participation in ADR form is filed, and the process has to cover the issues you want to bring to court.
- 2
The Parenting After Separation course
The Parenting After Separation course is required where children under 18 will be affected by the proceeding. The certificate is filed with a court clerk and has to be retaken if it is more than two years old. A respondent is on a different clock: they file their certificate within 14 days of the date they are served.
- 3
Financial disclosure
Financial disclosure is mandatory for all parties filing an application for child support, spousal support, adult interdependent partner support and family property division. It takes the form of a Financial Disclosure Statement with its supporting documents.
- 4
A family court counsellor
A meeting with a family court counsellor is required for people who have dependent children and are without a lawyer. The counsellor is not a lawyer and cannot provide legal advice.
None of the four is unconditional. Where one cannot be completed, a Request to Waive/Defer Mandatory Requirements is made, and the listed reasons include concerns about family violence, technological barriers, language barriers and being unable to locate the other party. That request is itself an application to the court rather than a form filed instead of the requirement.
