Understanding the Urgent Application Court Process in Alberta

Family law matters will sometimes require immediate attention from the Court. These situations mean that individuals cannot wait for lengthy return times to have their matter heard in court.  In these circumstances where time is of the essence,  an urgent chambers application will be needed.

The Alberta Court of King’s Bench website confirms that urgent matters include situations such as:

• risk of violence or immediate harm;
• applications for exclusive possession of the family home when safety is a concern;
• risk of a child being removed from the jurisdiction;
• Emergency Protection Orders; and
• urgent parenting issues, that cannot be reasonably delayed.

The Alberta Court of King's Bench has an urgent request process for urgent chamber applications.   

An individual seeking seeking to be heard in urgent chambers will need to complete and submit the following:

• An Urgent Request Form;
• An unfiled draft application; and
• Any supporting documents.

The supporting documentation that is to be provided is a very important component that individuals need to spend time on, to ensure they are satisfactory to the court.

All matters that are being requested to proceed by way of urgent chambers are then first reviewed by court clerks to ensure compliance with the completion of forms.  Following this, if these forms are compliant, these forms will then be forwarded to a Justice assigned to review these applications.

The Justice reviewing this application will assess whether your matter based on the materials submitted qualifies for being heard in urgent chambers. If the Justice reviewing these materials agrees that your situation is urgent or sufficiently pressing, your matter will proceed to either:

• Urgent Chambers, or
• Family Chambers.

Either route will mean that a court appearance will be designated and there will be deadlines set for the filing of materials in advance of this court appearance.

If you are located outside the judicial area of Calgary or Edmonton, once your matter is approved, it will be sent to the Court Coordinator for your specific location. The Court Coordinator will then arrange for the court appearance in that judicial centre.

Urgent Parenting Orders

If the Court issues a parenting order during Urgent Chambers, the Court will:

• Address the immediate urgent issue;
• Direct the applying parent (applicant) to complete court required Mandatory Requirements; and
• Require the parties (applicant and respondent) to proceed through the Regular Family Process for any additional relief being sought.

It should be noted that urgent chambers appearances are intended to address immediate risks, not to resolve your entire family law dispute.  If the court does not deem your request as urgent you will be requested to proceed through the regular family process.

Presently, morning family chambers in Calgary and Edmonton are scheduled on Monday, Wednesday and Friday.  These scheduling details may change in the future depending on court demands and lead times.

If you believe your situation involves immediate safety concerns, risk to a child, or other urgent matters, seeking legal advice can help ensure that your request is properly prepared, submitted and managed throughout this process.

At Family Central Law we regularly complete urgent chambers applications on behalf of clients that need relief without delay.   Kindly reach out to our office to consult with an experienced family lawyer who can assist you through this legal process.  Please contact us today for a free consultation with our family lawyers by calling our office at 1-866-278-4187, or emailing info@familycentrallaw.com, or by clicking on our consultation page.