Kinship Care in Alberta: How Private Guardianship Works for Relative Caregivers

Kinship Care Is the Reality — Guardianship Is the Paperwork

Thousands of Alberta grandparents, aunts, uncles and older siblings are already raising a relative's child. The school calls them the emergency contact. The doctor sees them at every appointment. The child sleeps in their house every night. That arrangement is kinship care in practice, and it works until an institution asks for proof of legal authority.

The school may ask for a guardianship order before releasing report cards. For Canada Child Benefit, the Canada Revenue Agency assesses who lives with the child and is primarily responsible for the child's care and upbringing; a guardianship order can support that application. Private guardianship is how informal kinship care becomes a legally recognised arrangement.

Two Separate Legal Tracks in Alberta

Alberta has two statutes that create guardianship for non-parents, and they apply to different situations.

The Family Law Act (FLA), Section 23 covers children who are not involved with provincial child protection. If a grandparent has been caring for a child privately — because a parent is dealing with addiction, illness, incarceration or has passed away — the grandparent applies under the FLA. There is no government caseworker managing the placement.

The Child, Youth and Family Enhancement Act (CYFEA) covers children who are under the care of Alberta's Director of Child Intervention. If Children and Family Services placed a child with a relative under a kinship care agreement, and that child is subject to a Temporary Guardianship Order (TGO) or Permanent Guardianship Order (PGO), the relative's path to legal permanency runs through CYFEA private guardianship.

The distinction matters because the forms, the background check requirements, the financial supports available after the order, and whether a caseworker is involved all depend on which statute applies. Filing under the wrong one creates delays that can stretch for months.

Who Qualifies Under the FLA Route

Under Section 23(1)(a) of the Family Law Act, an adult who has had care and control of a child for a continuous period of more than six months can apply for guardianship. The relationship itself — grandparent, aunt, uncle, family friend — does not create automatic standing. The six-month threshold does.

Applications are filed in either the Alberta Court of Justice or the Court of King's Bench. The Court of Justice has no filing fee and provides intake support through Resolution and Court Administration Services (RCAS), which makes it the more common choice for self-represented relatives. The Court of King's Bench charges a $100 filing fee but holds exclusive jurisdiction when the application intersects with divorce proceedings or property disputes.

What the FLA Process Looks Like

The process moves through a predictable sequence:

1. Pre-court requirements: The Family Focused Protocol requires completing the Parenting After Separation course, meeting with a Family Court Counsellor, exchanging financial disclosure, and attempting alternative dispute resolution — unless an exemption applies (consent order, urgent safety risk, or unlocatable parent).

2. Filing: The applicant files Form FL-10 (Claim) and Form FL-34 (Adult's Statement — Guardianship of Child), a sworn affidavit detailing the care history and the child's needs. If the child is 12 or older, they may complete Form FL-35 with their own views.

3. Serving the parents and other people entitled to notice: Each living parent and current legal guardian must be personally served with copies of the filed documents. The child must also be served if 16 or older; the Director must be served if the child is in the Director's care or involved in active child welfare proceedings. When a parent cannot be found, the court can grant substitutional service or dispense with service entirely after the applicant demonstrates diligent search efforts.

4. Hearing or desk review: If no parent opposes, the matter can proceed as a consent order reviewed by a justice on paper — no courtroom appearance needed. Contested applications go through a Mandatory Intake Triage conference and then trial.

5. Post-order steps: The certified guardianship order goes to the school, the doctor, CRA (Form RC66 for CCB transfer), and any other institution that needs proof of authority.

How the CYFEA Route Differs

When a child is already in the care of Children and Family Services, the CYFEA route brings mandatory requirements the FLA does not. Every applicant and every adult in the household must complete a Police Vulnerable Sector Check and a Child Intervention Record Check. A Home Study Report prepared by a caseworker is required. The Director of Child Intervention must be served and may provide a statutory report to the court.

The advantage of the CYFEA route is financial: families who obtain private guardianship of a child previously under a Permanent Guardianship Order or Agreement may qualify for Supports for Permanency (SFP), a monthly maintenance payment. FLA-route guardians are not eligible for SFP.

For a detailed comparison of the two statutes and their financial implications, see our post on CYFEA vs Family Law Act guardianship paths.

Common Confusion Points

Children's Services kinship teams do not handle FLA applications. Government-funded kinship caregiver teams work exclusively within the CYFEA child protection framework. A relative who has been caring for a child privately will not receive support from these teams — the FLA application is entirely self-directed.

The Child and Youth Support Program (CYSP) was discontinued on September 1, 2025. Older guides and forum posts still reference CYSP as a financial bridge for private guardians. It no longer exists. Current financial options include child support claims against biological parents, the Canada Child Benefit, and provincial income support programs.

"Custody" is not a legal category in Alberta anymore. The Family Law Act replaced the older custody framework with guardianship, parenting orders and contact orders. When searching online, "custody" results often pull up outdated or US-based information. The correct Alberta term is guardianship. See our custody vs guardianship comparison for a detailed breakdown.

Getting Started

The single most important first step is identifying which statutory route applies to your situation. If the child is not involved with Children and Family Services, you are on the FLA path. If the child is under a government care order, you are on the CYFEA path.

From there, the process is methodical: complete the pre-court requirements, draft and file the correct forms, serve the parents, and attend the hearing. Our Alberta Private Guardianship Court Process Guide walks through each stage with the forms, timelines and tracking tools you need to stay organised through the entire application.

See more Alberta guides →