Written by: Samuel Escobar, Family Lawyer at BDL Family Law LLP
Separation often begins with difficult personal decisions, but the questions that follow are practical. Where will the children live? Who will remain in the family home? How should support be paid? How will property and debt be divided? When you can’t resolve those issues out of court, the next question is how to ask the Court for help. Before downloading a court form, it is important to understand the Alberta family court process and how that affects the path ahead.
First, where does the MIT fit into Alberta’s new family court process?
The Family Focused Protocol (FFP) is the framework now used for family proceedings in Alberta’s Court of King’s Bench. It is intended to move families through the Alberta family court process in a more structured way, with an emphasis on early preparation, meaningful opportunities for resolution and a clear path toward trial when settlement is not possible. It provides three routes, depending on the kind of help your circumstances require:
- The Urgent Process is for matters meeting the Court’s urgency criteria, such as a risk of violence, immediate harm or a child being removed from the jurisdiction. Raise these concerns promptly rather than waiting to complete the ordinary steps.
- The Desk Process allows certain requests to be decided on written documents without appearing before a judge. Examples include suitable uncontested divorces, agreed orders and requests to waive or postpone a preliminary requirement.
- The Regular Family Process is for families who need the Court to make decisions on unresolved issues and guide their case towards a final resolution. One of its central stages is a Mandatory Intake Triage (MIT) conference, an early hearing where an assigned Justice addresses immediate interim needs and directs how the case should move forward.
Preparing for Your MIT Hearing
Stepping into an early court appearance often feels overwhelming, but clear preparation steps will keep your case moving in the right direction. An MIT before a Court of King’s Bench Justice is designed to review issues, address interim matters, and set clear timelines rather than conduct a full trial. Because this conference shapes the roadmap for your entire dispute, arriving thoroughly prepared is of the utmost importance.
Focus on these key steps to ensure your file and your positions are ready for the triage justice:
- Get your factual ducks in a row before starting on court forms.
One of the easiest mistakes to make is rushing into paperwork before identifying the actual problem you need the court to solve. Write a short chronological summary of where things stand, distinguishing what is agreed upon from what remains disputed, and separate immediate priorities from longer-term issues. If parenting is contested, outline specific proposals for schedules, exchanges, and schooling; if support is an issue, state what is paid, what should be paid, and what disclosure is missing. Know what order you need before deciding which form to complete. - Gather financial records, not estimates.
The court expects concrete documents to understand the full financial picture whenever support or property is involved. Your Financial Disclosure Statement (Form CTS13472) and income documentation must be filed, served, and no more than six months old when the MIT package is submitted. Gather your three most recent years of full tax returns, along with Notices of Assessment or CRA Proof of Income statements, plus your three most recent pay stubs. Create one dedicated financial folder and organize records by account and year rather than waiting until filing day. - Complete preliminary requirements upfront and keep the proof.
Parties must generally satisfy several mandatory gatekeeping steps before seeking relief. If your matter involves children under 18, complete the Parenting After Separation (PAS) online course and retain the certificate, which remains valid for two years. You must also participate in an appropriate Alternative Dispute Resolution (ADR) process addressing all outstanding issues within the preceding six months.
- Ask for help when the other party won’t cooperate.
A former spouse’s refusal to mediate or exchange disclosure doesn’t mean your case can’t move forward. Document every reasonable attempt you make to arrange ADR, including written invitations, proposed dates, and their responses. Because an opposing party’s refusal doesn’t eliminate the requirement, submit a formal Desk Process Request to Waive or Defer Mandatory Requirements (Form CTS13474), and serve a copy of the filed waiver materials on the respondent. - Recognize that your MIT package is more than one or two forms.
Before requesting an intake conference, the underlying action must already be filed and served via a Statement of Claim, Family Law Claim, or Originating Application. The MIT CTS14868 summarizes the issues, and a Family Application (FL18) with supporting evidence is required if you’re asking the justice to grant an interim order. - Remember that filing, service, and proof of service are three distinct steps.
Filing places documents on the official Court record, while service formally delivers them to the other party using an authorized method. Once served, you must file a sworn or affirmed Affidavit of Service before the Court’s document review can proceed. Never assume a Justice has access to a document simply because it exists in the court file; confirm that each separate procedural step has actually been completed. - Act immediately if you are served with an MIT package.
If you’re the respondent, the clock starts ticking the moment you receive the package. File and serve your response within 14 days to ensure your materials are included in the initial document review. - Treat a CMO review email as a task list, not a judgment.
A Case Management Officer (CMO) checks materials purely for procedural compliance, not to determine the merits of your case. Your package will be certified, rejected, or snoozed for 7 or 15 days to correct specific deficiencies. Read the checklist carefully and address any outdated financial records or defective forms through the proper filing channel. - Prepare for MIT as a formal hearing, not an informal meeting.
An MIT conference is typically a one-hour court hearing where a Justice may grant interim relief, order assessments, appoint children’s counsel, or direct further evidence. Keep your evidence strictly relevant and adhere to Family Practice Note 2 limits, which generally restrict opening affidavits to 5 pages and exhibits to 25 pages without prior permission. - Use MIT to set the direction for what comes next.
At the end of the appearance, the Court issues an MIT Conference Report detailing immediate deadlines, and the presiding Justice ordinarily continues as your Case Conference Justice. Convert those court directions into an immediate task list for outstanding disclosures or assessments. Because subsequent interim applications are limited to exceptional circumstances, address pressing needs at MIT and use the roadmap provided to prepare for a settlement conference or trial.
You Don’t Need to Do Everything at Once
The most important thing to remember is that while the Alberta Family Court process can feel intimidating, the process is actually manageable when broken down into simple stages.
At BDL Family Law, we help clients identify the right next step, prepare their materials, and advocate for their interests. If you’ve been served with an MIT package and aren’t sure where your matter fits within the FFP process, contact our office to arrange a consultation.
This article is a starting point, not a complete filing guide or legal advice. Use the Court’s current FFP resources and obtain legal advice about the forms, deadlines and court directions that apply to your case.
