Apply for a Custody and Access Order

How to apply for an order that determines which guardian is directly responsible for the child and has the right to visit the child.

Eligibility

You can apply for a Custody and Access Order if:

  • you want to gain the rights and responsibilities for your child
  • you want to gain access rights to visit your child
  • your divorce action has started
  • your child lives in Alberta

How to apply

Step 1. Prepare the forms

In the Application for Custody and Access info pack (0.1 MB), fill out these forms:

  • Family Law Application for Custody and Access
  • Affidavit – Custody and Access
  • Affidavit of Personal Service

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.