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.