Family Matters - Resources for Self Represented LItigants

Being a self represented litigant means that you do not have a lawyer and are choosing to represent yourself in a legal proceeding. LawCentraAlberta provides links to basic information resources that may be of assistance to you,  as well as those listed in the other Preparing for Court sections (see the menu on the left).

To get started and learn more about family law matters check out the following LawCentral topic pages and suggested resources listed below:

  • Adoption and Birth: Are you wondering about maternity or paternity leave? Have you just given birth? Are you considering adoption? On this page you will find information about these issues.
  • Adult Guardianship and Trusteeship - If, by some misfortune, you become incapable of managing your affairs, someone else must take on that responsibility. You can prepare for that possibility in advance by making legal documents (Personal Directive and Powers of Attorney) that assign someone to handle these decisions. If you have not made these documents, someone will have to be assigned by the court to manage your affairs. In Alberta, the Adult Guardianship and Trusteeship Act (AGTA) describes the process for doing this. In addition, if you are losing some decision-making ability, but are not completely incapable, this Act describes some other options for assistance with decisions. Learn more on this page.
     
  • Common Law Relationships (Adult Interdependent Relationships (AIR)) - Across Canada, "common law relationships" are dealt with differently in law. In Alberta, such an arrangement is called an Adult Interdependent Relationship. The materials on this page detail how the Adult Interdependent Relationship Act affects your situation.
     
  • Child Custody, Access and Parenting - If you want to be responsible for your child's care, select the resources on child custody. If you are wondering about visitation rights with your child, you are interested in access. If you want to know more about being granted parental authority over a child, resources on guardianship will be of interest to you.
  • Child and Spousal Support - Spousal support or maintenance may be awarded to a spouse in need. Familiarize yourself with how the laws apply to your specific situation. Find links and learn more about spousal and child support on this page.
     
  • Marriage and Divorce - Are you going through a major life change? The resources listed on this page will help you find information about marriage, separation, and divorce, including resources on dividing up family property and changing your name.

 


CPLEA Suggested Resources

Not sure where to begin finding answers to your questions. Get started with our suggested resources. See additional resources below for more information.

Guides for Self-Represented Litigants: civil law, criminal law, and family law

These handbooks developed by the Canadian Judicial Council are intended as helpful guides for people who are navigating the justice system without a lawyer to prepare and present their legal case. The Council has created three handbooks that contain a wealth of information on family law, civil law and criminal law in Canada. The information is provided in an easy to understand format, with various worksheets, useful tips, explanations of legal terms and concrete examples to guide litigants throughout the legal process.

To view the handbooks, click on the links below:

To view all resources of the Canadian Judicial Council see: https://cjc-ccm.ca/en/resources-centre

Related legal topic(s): Civil law, Criminal law general resources, Family law general resources, Self-representation

Alberta Resources

The Alberta Court of Justice is primarily the point of first entry into the justice system. The Provincial Court hears most of the criminal and civil cases in Alberta. All criminal cases start in Provincial Court, and 95% conclude there. Most civil cases also take place in Alberta Court of Justice. For example, cases involving landlord and tenant, most other claims involving less than $100,000 and many traffic, regulatory and bylaw enforcement hearings take place here. A majority of family law cases and child welfare cases are also heard by the Alberta Court of Justice.

This website contains forms that are available for use by the Bar and other members of the public, as well as notices governing practices or procedures within the different regions or divisions of the Provincial Court.

Related legal topic(s): Civil law, Courts and court judgments, Legal process

The Court of King's Bench is the Superior Trial Court for the Province, hearing trials in civil and criminal matters and appeals from decisions of the Provincial Court. The Chief Justice and other Justices of the Court of King's Bench are also judges of Surrogate Matters, which has jurisdiction over probate and administration of estate matters. The Court of King’s Bench of Alberta has sole jurisdiction over divorce and the division of property in the Province of Alberta, and presides over matters involving child and spousal support and child custody and access.

Related legal topic(s): Courts and court judgments, Family law general resources, Self-representation

Court and Justice Services (CJS) provides administrative support to all the courts within the province, including electronic legal information services through Alberta Law Libraries.

CJS offer: legal information services for the public on court procedures and legal services options; assistance with locating and filling out court forms; referrals to other community legal services, as well as dispute resolution services for child support, family and child medication, conflict intervention, family mediation, and civil mediation. 

Related legal topic(s): Civil actions, Legal process, Legal services, Mediation and alternative dispute resolution, Self-representation, Small claims court

This group of programs and services is offered by Alberta Justice in collaboration with the courts of Alberta. This webpage provides general information for those who are representing themselves in a family matter in either Court of King's Bench or The Provincial Court of Alberta.

This service is for people who don’t have a lawyer. Use it to:

  • prepare for court
  • navigate your family law matter through the Provincial Court
  • discuss your issues, explore your options and get you referrals
  • get a court order prepared and filed with the Court of King’s Bench and then have copies sent to the other party – after a parenting-related hearing
  • review your divorce before its submitted to the Court of King’s Bench
Related legal topic(s): Adoption, Custody and access, Divorce and separation, Family law general resources, Self-representation, Spousal support

How to apply for an order that determines which guardian is directly responsible for the child and has the right to visit the child. This Alberta government website provides information on how to apply and file your order. It also has links to the relevant forms and information that will assist you in completeing the forms correctly.

Related legal topic(s): Custody and access

This online resource from the Student Legal Services of Edmonton includes information about common law relationships and the Adult Interdependent Relationships Act, property rights, other benefits and statutes (Alberta) and Federal Acts. This resource is also available to download as a PDF.

Related legal topic(s): Common law relationships, Family law general resources

Search for actions in Civil, Family, Divorce, Bankruptcy, Apeals, Surroget - Estate and Surrogate - Represented Adult. Use this online form to request a search of civil actions in Alberta Court of King's Bench, or to request a search of a specific action either by party name or by court action/ file number.

Related legal topic(s): Bankruptcy and foreclosure, Civil actions, Courts and court judgments, Legal research

This resource helps parents walk through the steps of creating parenting plan. A parenting plan is a written document that outlines how parents will raise their children after separation or divorce. This interactive tool will give you some options to develop a personalized parenting plan. This tool is not intended as legal advice.

Related legal topic(s): Custody and access, Family law general resources, Self-representation

Calgary Legal Guidance (CLG) offers a  Do Your Own Divorce clinic to individuals who are looking for information about the divorce process and who have already settled their child support, property and debts and now want to divorce .Parties have to have been separated for more than one year, to have lived in Alberta for one year, and have an agreement as to family property division and child custody/access. For information on up and coming Do Your Own Divorce Clinics you can contact CLG at 403-234–9266.

Related legal topic(s): Divorce and separation, Self-representation

The kits are a series of plain language resources which include forms and instructions to make applications and appeals for parenting, guardianship,  custody and access, contact, enforcement of time with a child, child support, spousal support and other applications under the Family Law Act in Alberta. These booklets and kits are helpful to self represented litigants as they provide not only general information, but also step by step instructions and precedents.

Related legal topic(s): Custody and access, Divorce and separation, Family law general resources, Guardianship and trusteeship, Self-representation, Spousal support

These video resources have been  produced by Alberta Justice - Resolution Services to assist Albertans going through the divorce process.  - There are four vidoes which provide information on the following:

  1. A guide to divorce where there are dependent children, one spouse prepares the paperwork, and the other spouse is served with that paperwork. This video tells you about: what an uncontested divorce is.
  2. A guide to divorce without dependent children, one spouse prepares the paperwork, and the other spouse is served with that paperwork. This video tells you about: how to fill in the Statement of Claim for Divorce.
  3. A guide to divorce where there are dependent children, both spouses do the paperwork together, and come to the courthouse together.
  4. A guide to divorce where there are no dependent children, both spouses do the paperwork together, and come to the courthouse together.
Related legal topic(s): Divorce and separation, Family law general resources, Self-representation

This booklet offers some basic information that you should be aware of if you choose to represent yourself in Provincial Court - Family. The booklet focuses on preparing for and conducting a trial when you are not represented by a lawyer. This booklet includes information about:

  • Resolution options and services that can help you solve your family law issues
  • Making a Family Law Act application in the Provincial Court of Alberta
  • Answers to questions many people have
  • Court processes and court language
  • How to find a lawyer
  • Preparing for trial if you do not have a lawyer
Related legal topic(s): Family law general resources, Legal process, Self-representation

This court procedure booklet tells you what steps to take when:

  • You are making an application in the Court of King’s Bench of Alberta;
  • You already have a court file (e.g. divorce, family property, common law property);
  • The application you want to make is NOT under the Family Law Act; and
  • You have chosen not to get a lawyer and will be representing yourself throughout the court process.
Related legal topic(s): Legal process

This court procedure booklet tells you what steps to take when:

  1. You are making an application in the Court of King’s Bench of Alberta;
  2. You already have a court file (e.g. divorce, family property, common law property);
  3. The application you want to make is NOT under the Family Law Act; and
  4. You have chosen not to get a lawyer and will be representing yourself throughout the court process.

Related legal topic(s): Legal process, Self-representation

This booklet produced by the Centre for Public Legal Education Alberta (CPLEA) explains how the legal process works in Alberta. The booklet has information for people who were legally married and people who lived in a common law relationship.

Related legal topic(s): Family law general resources, Self-representation

Representing yourself in court is a daunting task. This issue of LawNow offers some suggestions for success.

Related legal topic(s): Self-representation, Small claims court, Taxation

This pamphlet from the Centre for Public Legal Education Alberta explains some basic points about the Alberta Rules of Court. It may assist you if: you have a legal problem and are looking at your options; you are deciding whether to hire a lawyer or represent yourself; you are already representing yourself; or you have questions for your lawyer about the court process. The Alberta Rules of Court apply to the Court of King’s Bench of Alberta. They do not apply in Provincial Court (Small Claims Court). This 2 page full-colour PDF is available for free download.

Related legal topic(s): Civil actions, Legal process, Self-representation

If you can’t afford to pay the filing fees for court, you can make an application at a Court Registry office to find out whether or not you qualify to have the filing fee waived. Learn if you qualify to have filing fees waived and how to apply here.

Related legal topic(s): Legal process, Self-representation

Canada/Federal

This website has multimedia presentations (videos) that provide information on presenting a family matters case in Chambers. The website was created by the Law Courts Education Society of  British Columbia but a lot of the information is relevant to other jurisdictions.

Related legal topic(s): Custody and access, Divorce and separation, Family law general resources, Self-representation