How to Write a Guardianship Affidavit in Alberta (Form FL-34)

The FL-34 Is Your Case in Writing

Form FL-34 — the Adult's Statement, Guardianship of Child — is the most important document in an Alberta guardianship application. It is a sworn affidavit that tells the judge who you are, how long you have been caring for the child, and why a guardianship order serves the child's best interests. The judge may never hear you speak. In uncontested matters decided on paper through a desk review, the FL-34 is your entire case.

Getting this form right is worth the time. A vague or disorganised statement invites follow-up questions from the court, delays, and return appearances.

What the FL-34 Asks For

The form follows a structured format with specific sections. You are declaring facts under oath, not making arguments.

Your personal details: Full legal name, date of birth, address, occupation, and your relationship to the child.

The child's details: Full legal name, date of birth, current school, and current living arrangements.

Care history: This is the core of the affidavit. Section 23(1)(a) of the Family Law Act requires you to demonstrate continuous care and control of the child for more than six months. State clearly when the child came into your care, the circumstances that led to the arrangement, and that you have been the child's primary caregiver since that date. Be specific with dates — "approximately" weakens the statement.

The parents' situation: You need to explain why the parents are not caring for the child. State facts, not opinions. "The child's mother has been incarcerated at the Edmonton Institution for Women since March 2025" is a fact. "The mother is unfit" is an opinion the court has not asked for.

The child's needs: Describe the child's current school placement, health needs, any counselling or support services, and how you are meeting those needs. If the child has special educational or medical requirements, include them.

Your suitability: Address your housing situation, financial means, health, and support network. If other adults live in your household, identify them.

The child's views: If the child is 12 or older, they may complete their own Form FL-35 expressing their preferences. Whether or not the child files a separate form, you can describe the child's attachment and stability in your care.

What to Include as Exhibits

An affidavit is stronger with supporting documentation attached as exhibits. Each exhibit gets a lettered tab (Exhibit A, Exhibit B, etc.) and is referenced in the body of the statement.

Common exhibits for a guardianship application:

• School enrolment records or report cards showing your address as the child's home
• Medical records or vaccination history you have been managing
• A certified death certificate if a parent is deceased
• Proof of your income (pay stubs, pension statements, CRA Notice of Assessment)
• Letters from teachers, family doctors or community workers who can confirm your care arrangement
• A recent Police Vulnerable Sector Check, even though the FLA does not automatically require one — proactively including it demonstrates suitability

How to Swear the Affidavit

The FL-34 must be sworn or affirmed before a Commissioner for Oaths. You cannot simply sign it at home.

At the courthouse, a clerk will commission your affidavit at no charge when you are filing it as part of a court proceeding. Outside the courthouse, a lawyer or notary public can commission it for a fee (typically $25–$50). Some community legal clinics also offer free commissioning.

When you swear the affidavit, you are making a legal declaration that every statement in the document is true. Do not include anything you cannot verify from your own knowledge.

Common Mistakes That Slow the Process

Mixing facts with arguments. The FL-34 is an evidence document. State what has happened and what is true now. Save arguments about why the order should be granted for oral submissions, if the matter goes to a hearing.

Vague timelines. "I have been looking after the child for a while" does not meet the statutory threshold. The court needs specific dates that demonstrate more than six continuous months of care and control.

Missing the parents entirely. Even when a parent is out of the picture, the affidavit needs to address their status. Is the parent deceased, incarcerated, unlocatable, or simply absent? The court needs this information to assess notice and service requirements.

Forgetting household members. If other adults live in your home, identify them in your account of the household. In an FLA application, the court may order background checks or a home suitability assessment under Section 23(3); checks are not automatically required for every household adult.

Not attaching proof. An affidavit that says "I have been employed as a nurse for 20 years" without a single pay stub or employment letter is weaker than one with documented evidence.

Getting the Full Picture

The FL-34 is one piece of a larger filing package that includes Form FL-10 (your Claim), proof of service on the parents, and potentially the child's FL-35. For the complete sequence of forms, pre-court requirements, and filing steps, our Alberta Private Guardianship Court Process Guide covers each stage in order with tracking tools for every document.

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