Private Guardianship Alberta: How to Apply Step by Step

The school says they need a guardianship order before they can enroll your grandchild. The doctor's office won't let you consent to treatment. You've been raising this child for months, and suddenly every door requires paperwork you don't have.

Private guardianship in Alberta gives relatives like you the legal authority to make decisions for a child in your care. Here's exactly how the application process works under the Family Law Act.

Confirm You're on the Right Legal Track

Alberta has two separate guardianship routes, and using the wrong one can derail your application before it starts.

Family Law Act (FLA), Section 23 — This is the route for adults caring for a child who is not in the Director's custody or subject to a Temporary Guardianship Order, Permanent Guardianship Order, or Permanent Guardianship Agreement. An adult applicant generally needs more than six months of care and control, unless the court waives that requirement.

Child, Youth and Family Enhancement Act (CYFEA) — This route applies when the child is in the Director of Child Intervention's custody or subject to a Temporary Guardianship Order, Permanent Guardianship Order, or Permanent Guardianship Agreement. If that's your situation, you'll follow a different form package and process.

Most grandparents and relatives raising a child outside the child protection system will use the FLA route. Everything below assumes that's your path.

Meet the Six-Month Care Threshold

Under Section 23(1)(a) of the Family Law Act, an adult non-parent generally must have had care and control of the child for more than six months before applying. 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. Relationship alone (being a grandparent, aunt, or uncle) doesn't create automatic standing.

If you have not had care and control for more than six months, you can ask the court to waive the care-period requirement for good and sufficient reasons. You may also be able to apply for a Contact Order, which requires court permission and doesn't grant decision-making authority.

Complete Mandatory Pre-Court Requirements

The Family Focused Protocol applies to family and divorce proceedings at all Court of King's Bench judicial centres. Its Family Justice Strategy requirements currently apply in Edmonton, Calgary, Red Deer, and Grande Prairie. In those centres, parties seeking relief must complete applicable requirements before filing an application for relief, unless urgent or waived. The Alberta Court of Justice has separate regional directives:

1. Parenting After Separation (PAS) course — Required when children under 18 are affected; its certificate is valid for two years.
2. Meeting with a Family Court Counsellor — Required for self-represented parties with children under 18 or other dependent children.
3. Financial disclosure — Required for applications involving child support, spousal or adult interdependent partner support, or division of property; not a general requirement for a stand-alone guardianship application.
4. Alternative Dispute Resolution — Participate in an ADR process acceptable to the court within the previous six months, unless waived or deferred.

Consent orders are exempt from the King's Bench Family Justice Strategy requirements. Urgent and qualifying interjurisdictional applications are also exempt. To request a waiver or deferral, complete Form CTS13474, Form KB233, and Form KB234; serve the request and notice with Form KB235 and allow the respondent five clear days before filing the package. Court of Justice waiver procedures are separate.

Prepare and File Your Court Forms

The core forms for an FLA guardianship application:

• Form FL-10 (Claim – Family Law Act) — Your initiating document that outlines the guardianship relief you're requesting.
• Form FL-34 (Adult's Statement – Guardianship of Child) — A sworn statement detailing your care history, your relationship with the child, the child's needs, and your suitability as guardian.
• Form FL-35 (Child's Statement) — If the child is 12 or older, they may complete this form to share their views with the judge.

You can file in either the Alberta Court of Justice (no filing fee) or the Court of King's Bench ($100 filing fee). Many self-represented applicants choose the Court of Justice because of its accessible intake support through Resolution and Court Administration Services (RCAS).

If you can't afford the King's Bench fee, submit a Fee Waiver Application with a sworn Financial Statement at the time of filing.

Serve Every Parent and Guardian

The initial claim or application materials must be hand-delivered to every living parent and current guardian of the child; Alberta court instructions allow service by you, a friend, or a process server. In the Court of King's Bench Regular Family Process, serve the FL-10 or other commencement document first, then later serve the MIT package, which includes Form FL-18 and supporting statements such as FL-34 if you seek relief.

After service, file an Affidavit of Service (Form CTS3513). In the King's Bench Regular Family Process, file proof of service for both the commencement document and the later MIT package.

If a parent can't be found: Document your search efforts thoroughly (known addresses, relatives, social media, employer contacts), then apply for an Order for Substitutional Service or an Order Dispensing with Service.

Attend Your Hearing

If parents were served and didn't file a Response (FL-11), the judge may grant your order on an uncontested basis — sometimes at a desk review without an in-person appearance.

For a contested King's Bench regular-process application, expect a Mandatory Intake Triage Conference, then a Settlement Conference. If issues remain, the parties proceed to case management and potentially trial. The Court of Justice has a separate process. Family courts rely heavily on written affidavit evidence rather than live testimony, so your FL-34 and any supplemental affidavits are your primary evidence.

What Happens After the Order

Once the court grants your guardianship order, you gain full decision-making authority under Section 21 of the Family Law Act — medical care, education, travel documents, and more. Present certified copies of the order to the child's school, doctor, and any benefit agencies.

You can also apply to transfer the Canada Child Benefit to yourself using CRA Form RC66 and the certified court order.

The Private Guardianship for Grandparents and Relatives in Alberta guide walks through every stage of this process with filing checklists, a background check tracking log, and a service record organizer — built specifically for self-represented applicants.

See more Alberta guides →