Family Court in Alberta: What Survivors Need to Know (Custody, Access, Support)

In Alberta, family law is governed by the provincial Family Law Act and the federal Divorce Act. The system is designed to prioritize the "Best Interests of the Child," and in 2025, this explicitly includes protecting children and survivors from the physical and emotional harm of family violence.

Navigating the Alberta courts (Court of Justice or Court of King's Bench) can be complex. This guide explains the critical protections available to you.

1. New Terminology: "Guardianship" & "Parenting"

You will rarely hear "custody" in Alberta courts anymore. The modern terms are:

• Guardianship: This refers to the responsibility to make major decisions for a child (health, education, religion). Most parents are guardians, but a guardian's powers can be restricted by the court if they have committed family violence.

• Parenting Time: The time a guardian spends with the child. This replaces "access."

• Contact: The time a non-guardian (like a grandparent or a parent stripped of guardianship) spends with the child.

• Decision-Making Responsibility: Who has the final say on major life choices. In cases of domestic violence, you can ask for sole decision-making responsibility.

2. Protection Orders: EPO vs. KBPO

Alberta has specific legislation (Protection Against Family Violence Act) that offers two main types of civil restraining orders:

• Emergency Protection Order (EPO):

  • What it is: An urgent order you can get without your partner knowing (ex parte).

  • How to get it: Police can apply for you 24/7, or you can apply at a provincial courthouse during business hours.

  • What it does: Immediate removal of the abuser from the home, no contact, and police enforcement. It is usually reviewed by a King's Bench judge within 9 working days.

• King's Bench Protection Order (KBPO):

  • What it is: A longer-term order (up to 1 year, renewable) for situations that are serious but not necessarily "emergencies" right this second.

  • Key Benefit: Unlike other orders, a KBPO can order the abuser to reimburse you for costs related to the violence (e.g., moving expenses, therapy, dental work, legal bills).

3. Mandatory ADR & Safety Exemptions

Alberta generally requires parents to try Alternative Dispute Resolution (ADR)—like mediation—before a judge will hear a trial.

• The Risk: Mediation can be dangerous or unfair when there is a history of control and abuse.

• The Exemption: You can apply to waive this requirement. If you are going through "Family Docket Court" or meeting with a Family Court Counsellor, you must disclose the history of family violence immediately. They have screening tools to exempt you from facing your abuser in mediation.

4. Financial Support & The Family Home

• Child Support: This is the right of the child and is based on income guidelines. It is mandatory.

• Partner/Spousal Support: Based on need and entitlement.

• Exclusive Possession of the Home: Even if the lease or title is in your partner's name, you can apply for an order granting you "exclusive possession" of the family home. This is often part of an EPO or a separate application, ensuring you and the children do not become homeless.

5. "Family Violence" Defined

Alberta law defines family violence broadly. It is not just hitting. It includes:

• Stalking or harassment.

• Sexual abuse.

• Forced confinement.

• Damage to property meant to intimidate you.

• Coercive Control: While this term is more explicit in federal law, Alberta courts increasingly recognize patterns of domination and financial control as valid reasons to restrict parenting time.

Frequently Asked Questions (FAQ)

Q1: Can I get an Emergency Protection Order (EPO) if he hasn't hit me recently?

Yes. An EPO is based on the likelihood of future danger and the urgency of the situation, not just a recent physical assault. Threats, stalking, and escalating behavior can be grounds for an EPO.

Q2: Will I qualify for Legal Aid Alberta?

Legal Aid Alberta has a specific Emergency Protection Order Program that is free for claimants regardless of income. For other family matters (divorce, parenting), you must meet financial eligibility guidelines.

Q3: Can I move to another city with my kids?

Not without consent or a court order. Alberta law is strict about "Relocation." If you move the children without permission, the court may order you to return. Exception: If you are fleeing immediate violence, prioritize safety, but file an urgent court application immediately explaining why you left.

Q4: My ex says he will take the kids if I leave. Is that true?

Unlikely. Courts prefer children to have stability. If you have been the primary caregiver, the court is unlikely to suddenly switch the children to the other parent, especially if there is evidence of family violence.

Q5: Do I have to pay for the "Parenting After Separation" course?

No. The course is free and online. However, if there is a history of violence, you do not have to take the course together with your ex, and you can sometimes be exempted entirely if the content would be traumatizing.

Q6: What if my partner breaches the Protection Order?

Call the police. A breach of an EPO or KBPO is a criminal offense (Section 127 of the Criminal Code or under the provincial Act). The police can arrest the person immediately.

References & Resources

• Legal Aid Alberta (EPO Program): 1-866-845-3425

• Family Violence Info Line: 310-1818 (Toll-free in Alberta, 24/7)

• CPLEA (Centre for Public Legal Education Alberta): Excellent plain-language legal guides.

• WillowNet: A specialized Alberta legal resource for survivors of violence.

• Legislation: Protection Against Family Violence Act, Family Law Act (Alberta).