How to Get Guardianship of a Grandchild in Alberta

Your grandchild moved in with you months ago — maybe because of a parent's addiction, a medical crisis, or a situation nobody wants to talk about at family dinners. The arrangement works for the child, but nothing is official. Now the school wants a guardianship order, or the doctor says you can't authorize treatment without one.

Getting guardianship of a grandchild in Alberta follows a specific legal process under the Family Law Act. It's not automatic, even for grandparents who've been providing daily care.

The Six-Month Threshold

Section 23(1)(a) of Alberta's Family Law Act generally requires care and control of the child for more than six months before an adult non-parent can apply. Being a grandparent doesn't create automatic standing — the law looks at the care arrangement and its duration.

Section 23(4) also requires the child or proposed guardian to 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. Some grandparents in this position seek a Contact Order while the care period accumulates; it requires court permission and gives no decision-making authority.

Choosing Your Court

You can file in either the Alberta Court of Justice or the Court of King's Bench. For most grandparents handling a straightforward guardianship application:

• Court of Justice charges no filing fee and offers accessible intake support through RCAS (Resolution and Court Administration Services).
• Court of King's Bench charges a $100 filing fee. Use King's Bench when the guardianship is intertwined with an ongoing contested divorce or family-property action between the child's parents.

If cost is a factor and your case doesn't involve a divorce or property issues, the Court of Justice is typically the simpler choice.

Preparing Your Application

Your form package includes:

• Form FL-10 (Claim) — States that you're seeking guardianship under the Family Law Act
• Form FL-34 (Adult's Statement) — Your sworn evidence: care history, living arrangements, the child's needs, and why guardianship serves their best interests

This is where you tell your story. The FL-34 should detail when the child came into your care, the circumstances behind the arrangement, how you've been meeting the child's daily needs, and what your home situation looks like. Attach supporting documents — school records, medical notes, letters from professionals involved with the child.

If your grandchild is 12 or older, they can fill out Form FL-35 (Child's Statement) to share their own views with the judge.

When Parents Consent

If both parents agree to the guardianship, the process is significantly simpler. You prepare a Consent Order alongside your FL-10 and FL-34, have all parties sign it before a Commissioner for Oaths, and submit the package for desk review. In many consent cases, you won't need a courtroom appearance at all.

When Parents Object — or Can't Be Found

If a parent opposes the application, pre-court requirements depend on the court and location. In King's Bench centres where the Family Justice Strategy requirements apply, complete the applicable steps before seeking relief unless an exception or waiver applies. Financial disclosure is required for support or property applications, not for a stand-alone guardianship request. The King's Bench regular process proceeds through an MIT Conference and a Settlement Conference, then case management and potentially trial if issues remain. The Alberta Court of Justice has separate regional directives.

If a parent has disappeared, you must document your search efforts thoroughly and apply for substitutional service or an order dispensing with service. The court won't proceed without proof that every parent was either served or genuinely unlocatable.

What You Gain

A guardianship order under the Family Law Act gives you full legal authority over the child's medical care, education, travel documents, and daily life decisions. It remains in effect until the child turns 18 unless a court varies or terminates it. You can also apply to transfer the Canada Child Benefit to yourself with the certified order and CRA Form RC66.

The Alberta Private Guardianship Court Process Guide was built for grandparents and relatives doing this without a lawyer — form checklists, a service log, and a step-by-step timeline from filing through to your hearing.

See more Alberta guides →