Apply for child guardianship

Overview

A guardian is responsible for the child’s wellbeing, including:

• nurturing the child’s physical, mental and emotional development
• making sure they have food, clothing and shelter
• consenting to their medical care
• receiving their health or educational information
• receiving and responding to their legal notices
• dealing with their legal matters
• appointing someone to act as their guardian – in an emergency – if you can’t be there

A guardian is required to make important decisions for the child, including:

• the language(s) the child speaks
• their religious and spiritual upbringing
• where they live
• who they live with and contact
• if they work and what kind of work they do
• their activities inside and outside of school

Eligibility

You can apply for a Guardianship Order if you’re either:

• a parent who’s not a guardian
• an adult who’s had care and control over the child for at least 6 months

If you gave birth to the child, you are already a legal guardian.

You (or the other parent) are a guardian if any of these situations applies:

Lived together

You and the other parent lived together:

• when the child was born – and you lived together for at least 12 months is a row
• when the child was born – and you were in the midst of an ‘adult interdependent relationship’:
  • 3 years of interdependence with another adult
  • less than 3 years, where you both signed an Adult Interdependent Partnership Agreement
  • less than 3 years, where both of you had a child together
• after the child was born – and you had an adult interdependent relationship within 1 year of finding out about the child

Married or divorced

You and the other parent were:

• married when the child was born
• married after the child was born – within 1 year of finding out about the child
• divorced during the pregnancy – with less than 300 days before the child was born

Financial or non-financial support

You or the other parent:

• voluntarily gave money or offered financial help to the other parent or child – within 1 year of finding out about the child
• gave non-financial support to the other parent or child – within 1 year of finding out about the child
• gave or offered money or non-financial support to the birth mother

Order, deal or behaviour

You or the other parent have:

• a court order that says you’re the guardian or only parent
• a written deal with the other parent that says you’re a guardian
• shown behaviour that demonstrates you meant to take on the responsibilities of the child’s guardianship – within 1 year of finding out about the child

How to apply

Step 1. Fill out the forms

• Adult’s Statement - Guardianship of Child (0.01 MB)
• Claim - Family Law Act (0.1 MB)

Step 2. File your order

Do this at the same court, in the same location, where you’ve either:

• already been to court with the other party
• started any court action that hasn’t gone to court

If you haven’t done either of these things, file your claim at any court in Alberta.

Note: If you don’t come to court, the judge may make an order in your absence.

Private Guardianship – Child in the Care of the Director

If you are an adult making your own application for private guardianship of a child who is currently “in care” of Alberta Children’s Services – meaning there is an agreement or order that gives the director custody or guardianship of the child, and the director is not applying on your behalf – consult the Private Guardianship Self Help Guide.