Custody vs Guardianship in Alberta: What's the Difference?

When grandparents or relatives call a lawyer's office about a child in their care, they almost always ask about "getting custody." The lawyer gently corrects them: in Alberta, the Family Law Act doesn't use the word custody. The legal framework here is built around guardianship, and the distinction matters for your application.

Alberta Replaced Custody with Guardianship

Under Alberta's Family Law Act, legal authority over a child flows through guardianship status — not custody. A guardian holds decision-making power over the child's health, education, religious upbringing, and daily life. The FLA separates this into two components:

• Guardianship — Who has legal authority to make major decisions about the child (medical treatment, schooling, travel documents)
• Parenting orders — How guardians allocate time with the child and divide specific responsibilities

If you're a non-parent relative, the relevant path is a guardianship application under Section 23 of the Family Law Act. You're not applying for "custody" — you're applying to be appointed as the child's legal guardian.

Why This Matters for Your Application

Using the wrong terminology is more than a semantic issue. Filing documents that reference "custody" when you need a guardianship order under the FLA can create confusion at the court registry. The forms are specific: Form FL-10 (Claim) and Form FL-34 (Adult's Statement – Guardianship of Child) are guardianship forms, not custody forms.

If you've been reading American websites or using generic legal templates, they'll reference custody arrangements that don't exist in Alberta's legal framework. Alberta courts apply their own statute — not US-style custody and visitation structures.

Guardianship vs Contact vs Parenting Orders

Alberta's Family Law Act creates three distinct types of orders, and each gives different levels of authority:

Guardianship order (FLA s. 23) grants full decision-making authority — medical, educational, travel, and residential decisions. This is what most grandparents and relatives need when they're raising a child full-time.

Parenting order (FLA s. 32) allocates specific parenting responsibilities and time schedules between existing guardians. Only people who are already guardians can get a parenting order.

Contact order (FLA s. 35) grants scheduled visitation — in-person, phone, or digital — but zero decision-making authority. Non-parents who want to see a child but don't have care and control of them may seek a contact order, but it requires the court's permission before the application is even heard.

The Parenting After Separation Overlap

The Family Focused Protocol applies to family and divorce proceedings at all Court of King's Bench judicial centres, but its Family Justice Strategy pre-court requirements currently apply only in Edmonton, Calgary, Red Deer, and Grande Prairie. In those centres, PAS is required before seeking relief in a proceeding involving a child under 18, unless an exception or waiver applies. The Alberta Court of Justice has separate regional directives. The course name can be confusing for grandparents — you're not separating from anyone.

The PAS course is free and online. Your completion certificate is valid for two years.

Bottom Line

If you're raising a grandchild or relative's child in Alberta and need legal authority, you need a guardianship order — not a custody order. The Alberta Private Guardianship Court Process Guide walks through the application process using the correct Alberta forms and procedures.

See more Alberta guides →