Guardianship of a Child Manitoba

When You Actually Need a Guardianship Order

Not every relative raising a child in Manitoba needs to go to court. Many financial supports — EIA Section 5(1)(f) child assistance, the Canada Child Benefit, Rent Assist — are accessible through a signed In Loco Parentis agreement from Legal Aid Manitoba, without a court order.

A guardianship order becomes necessary when:

• The biological parents refuse to cooperate or can't be located to sign the In Loco Parentis form
• Schools or medical providers won't accept informal documentation for enrollment or treatment consent
• You want permanent legal clarity about decision-making authority — especially if there's a risk the parent could disrupt a stable arrangement
• You need to pursue child support from the parents through the Maintenance Enforcement Program
• You're considering relocating with the child and need advice about the notice or court process that applies

If both parents are cooperating and you can get the In Loco Parentis form signed, a court order is an unnecessary expense for most kinship situations.

The Court Forms

Manitoba guardianship applications go through the Court of King's Bench (Family Division). The key forms under Rule 70 of the King's Bench Rules:

Form 70F (Notice of Application for Guardianship) is the primary document. A non-parent relative uses this form to seek an order for sole legal guardianship of a child under The Family Law Act.

Form 70B (Petition) allows a person to seek other family-law relief, including parenting arrangements, decision-making responsibility, contact, or child support. Form 70A.1 is a joint petition for divorce.

Form 70G (Notice of Application to Vary) is for modifying an existing order later — changing terms, updating arrangements as the child's needs evolve.

If the biological parents are served and contest the application, they respond using Form 70J (Answer).

Note on terminology: Form 70D is a Financial Statement, not a guardianship application. The guardianship-specific notice is Form 70F.

The Process Step by Step

1. Filing at the Registry. Complete Form 70F and file it at the Court of King's Bench (Family Division) registry. Locations: 408 York Avenue in Winnipeg, plus regional judicial centers in Brandon, Dauphin, Portage la Prairie, The Pas, and Thompson. Filing fees apply, but low-income applicants can submit a fee waiver with proof of EIA or limited income.

2. Personal Service. The filed documents must be personally served on all legal parents and anyone else with parental responsibilities. If the parent can't be located, you can ask the court to authorize substituted service.

3. Triage and Dispute Resolution. The court requires parties to participate in triage screening and, where safe and appropriate, family dispute resolution. This step aims to settle matters without a full hearing.

4. Hearing and Decision. A judge evaluates the application based on the best interests of the child — the only standard that matters. If granted, the order gives the caregiver formal legal decision-making responsibility over the child's health, education, culture, and upbringing.

Temporary vs Permanent Guardianship

If a child needs a temporary arrangement while a full application is pending, ask Legal Aid Manitoba about interim relief and the court process that applies to your situation.

Guardianship vs In Loco Parentis

The practical differences:

Getting Legal Help

Legal Aid Manitoba (1-800-261-2960) provides representation for eligible low-income applicants in family law matters.

Community Legal Education Association (CLEA) (204-943-2382 / 1-800-262-8800) offers free legal information and 30-minute lawyer consultations.

The Legal Help Centre (204-258-3096, 521 Bannatyne Avenue, Winnipeg) provides drop-in clinics for self-represented individuals with household incomes under $50,000.

For a complete walkthrough of the financial assistance available once guardianship is established — and what's available without it — the Manitoba Kinship Financial Help Guide covers the full map.

See more Manitoba guides →