How to Apply for Private Guardianship in Alberta Without a Caseworker

If you are a grandparent or relative caring for a child in Alberta and Alberta Children and Family Services (formerly Children's Services) is not involved, you can apply for private guardianship on your own if you meet the FLA's more-than-six-month care-and-control threshold. The process runs through the court system, not through a caseworker, and thousands of Alberta relatives file self-represented every year. The confusion comes from the fact that Alberta has two entirely separate guardianship routes — one managed by caseworkers and one managed by you — and the government's own website uses "Private Guardianship" to describe both.

Here is the difference, and what you need to do when no caseworker is assigned to your file.

Two Routes, Two Statutes, Zero Overlap

Alberta's guardianship system splits along one question: is the child currently in the care of Alberta Children and Family Services?

Most grandparents and relatives raising a child in a private family arrangement — the parent left, passed away, is in prison, or is struggling with addiction — fall under the FLA route. Alberta Children and Family Services kinship teams only assist with placements they arranged under the child protection system. If you called the kinship office and were told "we don't have a file for this child," that is why. It does not mean you cannot get guardianship. It means your path goes through the court registry, not through a caseworker.

What Filing Without a Caseworker Actually Looks Like

Without a caseworker coordinating your file, you manage every step yourself. This is the sequence:

Step 1: Confirm your eligibility. Under FLA Section 23(1)(a), direct standing requires care and control of the child for a continuous period of more than six months. If the period is six months or less, the research identifies no leave-to-file-early route for guardianship under Section 23; you must meet the threshold or consider alternative relief such as a Contact Order, which requires court permission.

Step 2: Check whether the court has ordered background checks. Under the FLA, checks are not automatically required when you file Form FL-10. Under Section 23(3), a judge may order background checks or a home-suitability assessment as part of the suitability review.

Step 3: Complete the court forms. For either the Court of Justice or the Court of King's Bench, use Form FL-10 (Claim — Family Law Act) and Form FL-34 (Adult's Statement — Guardianship of Child). FL-34 is the substantive document — it is where you explain your relationship with the child, the care arrangement, and why the order is in the child's best interest.

Step 4: Serve the required parties. You must serve each living parent and any current legal guardian; a child who is 16 or older must also be served. If the parents agree to the order, the living parents and proposed guardian sign a Consent Order before a Commissioner for Oaths or lawyer. If a parent cannot be found, you prepare an Affidavit of Attempted Service documenting your search efforts and ask the court for an Order for Substitutional Service or an Order Dispensing with Service.

Step 5: File and pay (or apply for a fee waiver). The FLA claim fee is $100 at the Court of King's Bench and $0 at the Alberta Court of Justice. Applicants experiencing financial hardship may request a total waiver of filing fees and document-copying charges with a fee waiver application and sworn Financial Statement; approval is required before or when the claim is filed.

Step 6: Attend the hearing. For uncontested matters, the hearing is typically brief — often 15 to 30 minutes. The judge reviews your affidavit, confirms any court-ordered checks are complete, verifies that required parties were served, and makes the order.

What a Caseworker Would Have Done (That You Now Do Yourself)

When a caseworker manages a CYFEA application, they handle required background checks, coordinate with the Director for consent, prepare the application package, and arrange a home study report. On the FLA route, there is no caseworker; you complete the FLA forms and manage any checks or suitability assessment the court orders. The court does not automatically require a home assessment for FLA applications; under Section 23(3), a judge may order a suitability assessment, including when a matter is contested or more information is needed.

The Private Guardianship for Grandparents and Relatives in Alberta: Court Process Guide was built for this exact situation — relatives filing under the FLA without caseworker support. It includes a Statutory Route Decision Matrix, form-by-form instructions, background check coordination tools for checks required on the CYFEA route or ordered by the FLA court, and a Service Tracking Log for documenting parent notice.

Who This Is For

• Grandparents and relatives who have been caring for a child in a private arrangement (no Alberta Children and Family Services involvement)
• Caregivers who called the kinship team and were told there is no file for the child
• Self-represented applicants who want a step-by-step filing sequence
• Anyone who has been caring for a child for more than six months and needs legal authority for school enrollment, medical consent, or benefits

Who This Is NOT For

• Relatives whose child is under a Temporary or Permanent Guardianship Order or Agreement with Alberta Children and Family Services — your application goes through the CYFEA route with the Director's involvement
• Foster carers applying to become licensed through a regional office
• Anyone in an active custody dispute with a parent who has retained a lawyer

Tradeoffs

Filing without a caseworker: You control the timeline, you are not waiting on a caseworker's caseload, and FLA applications do not require the Director's consent. RCAS offers free court-form assistance, but you remain responsible for managing your deadlines and filing.

Waiting for caseworker involvement: If the child is under a Temporary Guardianship Order, Permanent Guardianship Order, or Permanent Guardianship Agreement with the Director, the CYFEA route gives you caseworker support and the Director's endorsement. But the Director must consent to your application, the process depends on caseworker availability, and CYFEA applications go exclusively to the Court of King's Bench (higher filing fee).

Frequently Asked Questions

Can Alberta Children and Family Services help me with an FLA guardianship application?

They do not manage private FLA applications. Kinship teams support placements made under the child protection system (CYFEA); if the child came into your care through a private family arrangement, the team will not open a child-protection file for the guardianship application. This is a mandate boundary, not a rejection of your situation.

Do I need a home assessment to apply for private guardianship under the FLA?

Not automatically. The FLA does not require a home study or assessment for private guardianship applications. Under Section 23(3), the judge may order a suitability assessment, including if the matter is contested or more information is needed.

What if the child has been with me for six months or less?

If the child has been in your care for six months or less, Section 23(1)(a) does not provide direct standing for a guardianship application, and the research identifies no leave-to-file-early route under Section 23. You must meet the more-than-six-month threshold or consider alternative relief such as a Contact Order, which requires court permission.

What happens if I file under the wrong statute?

Using the wrong statutory route risks procedural delay or dismissal. The CYFEA route applies when the child is under a Temporary Guardianship Order, Permanent Guardianship Order, or Permanent Guardianship Agreement with the Director. If the child is in a private arrangement and not in the Director's care, the application is under FLA Section 23. A Statutory Route Decision Matrix in the Court Process Guide helps you confirm the correct path in three questions.

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