Family Law Act Section 23: Alberta's Non-Parent Guardianship Path

Every Alberta guardianship application starts with the same question: which statute applies to your situation? For most grandparents and relatives raising a child outside the child protection system, the answer is Section 23 of the Family Law Act.

What Section 23 Actually Says

Section 23 of the Family Law Act (FLA), S.A. 2003, c. F-4.5, gives the court authority to appoint a non-parent as a guardian of a child. Under Section 23(1)(a), an adult who has had care and control of a child for a continuous period of more than six months may apply to be appointed as guardian.

Subject to the statutory exceptions, this is the usual entry route for a non-parent applicant under the FLA; relationship alone does not create standing. Under Section 23(4), either the child or proposed guardian must reside in Alberta. Under Section 23(5), the court may waive the residence or care-period requirement if satisfied there are good and sufficient reasons.

What the Court Considers

Under Section 23(3), the court has broad discretion to evaluate the applicant's suitability. The judge may consider:

• The history and quality of the care arrangement
• The child's physical, emotional, and educational needs
• The applicant's ability to meet those needs
• The child's existing relationships and connections
• The views of the child (particularly if 12 or older)
• Any relevant background information the court requests

The judge can also order a suitability assessment — a home study or report by a qualified professional — before making a decision. This isn't automatic under the FLA, but contested or complex cases often trigger it.

The CYFEA: Alberta's Other Guardianship Law

The Child, Youth and Family Enhancement Act (CYFEA) creates a separate guardianship path for children who are in the Director's custody or subject to a Temporary Guardianship Order, Permanent Guardianship Order, or Permanent Guardianship Agreement. In those circumstances, the application follows CYFEA procedures instead.

The CYFEA route involves a completely different form package (the Private Guardianship Self-Help Guide from Children and Family Services), mandatory home study reports, and direct involvement of the Director. The most current version of that guide was revised in December 2024 — the older 2020 edition is officially superseded and should not be used.

Key differences from Section 23:

Guardianship Powers Under the FLA

Section 21 of the Family Law Act defines what a guardian can do. Once appointed, a non-parent guardian has full legal authority to make decisions about the child's:

• Medical and dental care
• Education and school enrollment
• Religious, cultural, and spiritual upbringing
• Travel and passport applications
• Primary residence

The order remains in effect until the child turns 18 unless a court varies or terminates it. A parent who wants to challenge the guardianship must file Form FL-36 and demonstrate a significant material change in circumstances.

Applying Section 23 in Practice

The statute sets the framework, but the practical process involves pre-court requirements, form preparation, service of documents, and a hearing. The Alberta Private Guardianship Court Process Guide translates Section 23's legal requirements into a step-by-step filing workflow for self-represented applicants.

See more Alberta guides →