Alberta’s family law system has undergone a significant transformation to expedite processes like divorce and child support. The Family Focused Protocol, introduced by the Court of King’s Bench of Alberta on January 2, aims to provide a family-centered, resolution-oriented, and streamlined approach to family matters. This new system intends to schedule trials within 18 months if issues remain unresolved, a significant improvement from the previous lengthy trial timelines.
Chief Justice Kent Davidson, Justice Anna Loparco, and Justice Sherry Kachur emphasized that the overhaul aims to reduce the physical and psychological harm caused by adversarial litigation during family breakdowns, particularly on children. Under the new protocol, families will be assigned a single judge, known as a Mandatory Intake Triage Justice, to address immediate needs and guide them through the legal process towards a final resolution.
According to Marc Massie, a family lawyer at Vogel LLP in Calgary, the streamlined system operates like a conveyor belt, ensuring cases progress without families having to navigate the process themselves. The new protocol allows parties to present interim applications related to child support, parenting, and property matters during the initial meeting with the judge. These applications are now adjudicated in a more efficient manner, with the judge focusing on resolving issues within a specified timeframe.
The Family Focused Protocol also emphasizes collaborative dispute resolution to prevent unnecessary court intervention, offering off-ramps to resolve issues outside the courtroom. This approach is expected to benefit families dealing with emotional stress due to separation. The system’s implementation requires lawyers to be more focused and efficient in presenting essential evidence for decision-making.
The Court of King’s Bench, which includes 90 superior court justices, will have approximately 30 justices dedicated to the Family Focused Protocol. While the court anticipates an adjustment period due to the cultural shift required, internal personnel will monitor the program and gather feedback from lawyers and the public to address any challenges. It is important to note that while the King’s Bench handles divorces and property division, parenting matters may be addressed by both the King’s Bench and the Alberta Court of Justice.
