The New Family Focused Protocol – What is it?

A Shift in Family Litigation at the Alberta Court of King’s Bench

As of January 2, 2026, the Alberta Court of King’s Bench implemented one of the most significant procedural overhauls to its family court system in recent decades. Currently known as the Family Focused Protocol (“FFP”), the new system replaces the previous process driven by Family Docket Court and Family Chambers, with a new model designed to reduce conflict, improve efficiency, and better assist families and children who are involved in litigation.

For lawyers across Canada, Alberta’s new framework is worth watching closely. It represents a deliberate move away from the adversarial, chambers-based model towards a managed, triaged, and settlement-focused process that may foreshadow reforms in other jurisdictions.

Background: Why the Court Changed the System

The Court of King’s Bench introduced the FFP in response to litigants’ concerns about delays, disjointed procedures, and the potentially harmful and adversarial nature of family litigation.

The new protocol is built around three core objectives:

1. Reducing conflict and harm to children
2. Encouraging earlier resolution of disputes
3. Creating a more structured, predictable process for families

The FFP is part of Alberta’s broader family justice strategy, which has identified initiatives aimed at integrating pre-court services, triage, and case management into a cohesive system.

The FFP is a significant departure from the former chambers-driven model of family litigation in Alberta. Previously, the family court system often involved multiple short Chambers appearances before different Justices, disjointed exchanges of financial disclosure, and settlement efforts occurring only after litigants began to fatigue and their positions had hardened.

The new process is designed to eliminate this cycle. It requires parties to exchange full financial disclosure at the outset and participate in early alternate dispute resolution before parties can access the Court. Once a matter is in the FFP, it moves through a process including intake, settlement, and case conferences. This process is front-loaded and focuses on resolution. It is intended to reduce unnecessary interim applications, encourage earlier settlements, and, where trial is required, move cases to trial faster than they previously did, therefore encouraging more timely and efficient resolution of family disputes.

The New Case Flow: From Intake to Trial

Step 1: Mandatory Requirements

Prior to entering the FFP, parties must meet three mandatory requirements. These are:

1. Full exchange of financial disclosure;
2. Completion of the Parenting After Separation (“PAS”) course; and
3. Participation in a form of alternative dispute resolution (“ADR”).

Exchange of financial disclosure requires strict compliance, and many litigants are delayed at this stage. Litigants must file a Financial Disclosure Statement, which must be complete and up to date. If the Court determines that your financial disclosure is incomplete, you may face a delay or may be required to refile a new, complete financial disclosure package.

Once the PAS course is completed, you will be issued a certificate that is filed with the Court.

ADR can include mediation or participation in a 4-way settlement meeting.

Step 2: Commencing a Court Action with Pleadings

Once the mandatory pre-court requirements are completed and an action is commenced by filing pleadings, typically a Statement of Claim for Divorce, a Statement of Claim for Division of Family Property, or a Family Law Act Claim. This document must be served on the other party, and you must obtain an Affidavit of Service. For parties that already have a Divorce Judgement, they do not have to commence a new action. Instead, these parties will begin their action by filing a Family Application to seek a variation.

Step 3: Mandatory Intake Triage Package

The process begins with the applicant filing a Mandatory Intake Triage (“MIT”) package through the Court of King’s Bench Justice Digital online filing system. The MIT package contains the documents associated with the mandatory requirements, commencement documents or pleadings, financial disclosure, confirmation of participation in ADR, and, if you are filing for interim relief, an Application and supporting Affidavit. After filing an MIT package, the entire package must be served on the opposing party, and you must obtain and file an Affidavit of Service.

Step 4: MIT Conference

The Court will review your MIT package, and once it is approved, the parties may schedule an MIT Conference.

The MIT Conference is a one to two-hour court hearing held before a Justice. The Justice assigned to your MIT Conference will be assigned to your family and will remain your Justice for the duration of the proceedings, except at the Settlement Conference stage. This provides continuity and a level of judicial oversight.

During the MIT Conference, the Justice has broad authority to move your matter forward. This includes making interim orders, such as interim child support, spousal support, or parenting arrangements, setting deadlines, appointing counsel for the children, or referring the parties to further mediation.

Following the MIT Conference, the Justice issues a written MIT Report summarizing any orders made and outlining the next steps in the process.

Step 5: Settlement Conference

After the steps ordered at the MIT Conference are complete and financial disclosure has been fully exchanged, the parties proceed to a Settlement Conference if there are issues that still remain.

At least 14 days prior to the Settlement Conference, each party must prepare and serve a Settlement Memorandum outlining their position on every issue in dispute.

The Settlement Conference is a two to three-hour appearance before a new Justice who has not been involved in your family’s matter and is separate from the MIT Justice. The Justice at the Settlement Conference will review the matter with the party and work with the party to seek resolution on all outstanding issues.

The Settlement Conference is a serious opportunity for resolution, and parties must attend the Settlement Conference where meaningful resolution efforts are expected.

Step 6: Pre-Trial Steps

If the Settlement Conference does not result in a full resolution, the focus shifts to preparing the matter for trial efficiently and effectively.

The parties proceed to finalizing a litigation plan and narrowing issues that remain in dispute for trial. The parties may be directed to attend a Rule 4.10 Case Conference with the assigned Justice. This is a procedural hearing designed to manage the file and keep the matter on track. At the 4.10 Case Conference, the Justice can address outstanding procedural steps and set further timelines as required. Following the Case Conference, the parties may also be required to attend a Pre-Trial Conference to ensure trial readiness of the parties involved.

When a trial date has been set or is imminent, the parties attend a Pre-Trial Conference. This is the final checkpoint before proceeding to trial. The Pre-Trial Conference is an opportunity to review the issues going to trial, confirm witness lists and estimated time required, explore any last settlement possibilities, and address any outstanding evidentiary or procedural matters.

Trial remains available but is positioned as the final step after structured and meaningful opportunities for collaborative resolution are encouraged. The goal at this stage is to ensure that if a matter proceeds to trial, it does so in a focused, organized, and efficient manner with the issues clearly defined and both parties ready to proceed.

Step 7: Trial

If the matter cannot be resolved through ADR, negotiation, or the conference process, it proceeds to trial.

At trial, both parties have the opportunity to present their evidence, call witnesses, and make legal arguments. The Justice will consider all of the evidence and submissions before making a final determination on the outstanding issues, whether that involves parenting arrangements, child or spousal support, property division, or any combination thereof. Unlike interim orders made earlier in the process, trial decisions are final orders that fully resolve the issues before the Court.

The entire FFP process is designed with trial as the backstop. It is the mechanism that ensures resolution even where the parties cannot reach an agreement on their own. The process is structured so that, where trial becomes necessary, it is reached within approximately 18 months of the Settlement Conference. This timeline reflects the Court’s commitment to the timely resolution of family matters, recognizing that prolonged litigation causes significant emotional and financial strain on families, and particularly on children.

The Goal is Resolution

Every family law matter is unique. The issues involved, the level of conflict between the parties, the complexity of the finances, and the needs of any children all shape how a case progresses through the Court. Some matters move quickly and resolve early; others require more time and more process. The FFP is designed to accommodate a wide variety of situations while still maintaining structure and a defined process.

It is worth noting that the vast majority of family law matters settle before trial. The FFP is structured to create genuine, meaningful opportunities for resolution at every stage, including from ADR, the MIT Conference, to the focused settlement work at the Settlement Conference, and during the narrowing of issues that occurs in the lead-up to trial. At each step, the parties are encouraged to consider whether agreement is possible and what a reasonable resolution looks like without further escalation of the issues. Trial, while always available as an option, is genuinely a last resort.

Settlement is almost always preferable to trial for both practical and personal reasons. Litigation can be costly, time-consuming, and emotionally taxing. A negotiated resolution gives both parties more control over the outcome and allows families, particularly those with children, to move forward with greater certainty and less conflict. Where children are involved, minimizing the duration and intensity of litigation is itself a meaningful goal.

That said, trial remains available when it is needed. Where genuine issues cannot be resolved, whether due to significant factual disputes, positions that are truly irreconcilable, or conduct that makes negotiation impossible, the Court is there to provide a final, binding decision.