How to Apply for a Parenting Order in Alberta Provincial Court

If you are separated or were never married, a parenting order sets out how guardianship responsibilities are shared. Many people apply without a lawyer, so the steps matter.

This article walks through who can apply, the forms, filing, requirements and the hearing. Details vary by location, so confirm current steps with the court or a lawyer.

This article covers the law of Alberta.

Who can apply

Parenting orders under the Family Law Act are for children with more than one guardian, usually parents, living apart who cannot agree on how to share guardianship powers, responsibilities and entitlements; the order must be made in the child's best interests. You may apply if neither you nor the other guardian has started a divorce action and the child lives in Alberta.

If either guardian has started a divorce action, this route does not apply, and parenting is dealt with in the divorce in King's Bench. A non-parent adult who has had care and control of a child for more than 6 months, or a parent who is not a guardian, can apply to be appointed guardian.

The Alberta Court of Justice (Provincial Court) cannot decide divorce applications or property claims arising from the breakdown of a relationship; those go to the Court of King's Bench. It does hear child and spousal support, parenting arrangements, private guardianship and child protection matters. A non-guardian adult such as a step-parent or grandparent may apply for a Contact Order, which gives time with a child but no decision-making powers.

The forms

• Step 1: a Claim under the Family Law Act and an Affidavit of Service (Applicant).
• Step 2: a Statement – Parenting (shared responsibilities), or a Statement – Parenting (Sole Guardian) if you want to become sole guardian.

Court forms information coordinators give free help finding forms and filling them out, in Calgary, Grande Prairie, Edmonton and Red Deer, and in Lethbridge and Medicine Hat for family only, Monday to Friday 8:15 am to 4 pm. Family Court Counsellors also help self-represented people choose and complete parenting forms, but cannot give legal advice or advocate for either side. Court and Justice Services can be reached at 1-855-738-4747.

Where to file and what comes first

File at the same court and location if you have already been to court with the other party or started an action that has not yet reached court; otherwise file at any court in Alberta.

In Greater Edmonton, Calgary, Red Deer and Grande Prairie, the Family Justice Strategy requirements must be met before filing. They include ADR if you disagree, the Parenting After Separation course if children under 18 are affected, and a meeting with a family court counsellor for people with dependent children who do not have a lawyer. Respondents must file their course certificate within 14 days of being served. If you cannot complete a requirement, a Request to Waive/Defer Mandatory Requirements form is available. A self-represented person whose children live outside those four centres, or whose only claim is for child support, does not need the counsellor intake before a parenting application.

Resolving it without a hearing

Alberta Justice Family Mediation is free. To use it, you must be separating or divorcing, have a significant role in a child's life, have at least one dependent child, both parents must agree to mediate, and one parent's gross income must be $60,000 or less per year. Topics include communication, parenting plans, guardianship, child support, spousal support and some property matters.

To get in, each parent registers separately within 2 weeks of the other, and lawyers cannot register for you; contact usually comes 2 to 3 weeks after registration. The mediator meets each person individually to identify safety concerns and decides whether mediation is appropriate. Anyone with safety concerns during ADR is told to contact 211, which is open 24/7.

If you and the other parent agree on parenting time, child support or spousal support, the terms can be made into a Consent Order. An agreement cannot be used to change an existing court order and cannot be filed on its own with the court.

Hearings and outcomes

At docket court, the judge asks whether the parties have reached agreement; if so, the judge hears it and the Judicial Court Clerk may incorporate some or all of it into a court order. Outcomes include adjournment, an interim order, a final order if everything is settled, or dismissal. Caseflow Conferences are available only in Calgary, Edmonton and Grande Prairie; elsewhere the application goes to Docket Court. If you do not attend, the judge may make an order in your absence.

What to do next

• Confirm that no divorce action has been started.
• Complete any required Family Justice Strategy steps for your location.
• Gather the forms and ask a court forms information coordinator for help.
• Plan how you will serve the other guardian and complete the Affidavit of Service (Applicant).
• Attend every court date.
• Get legal advice if safety, relocation or urgent issues are involved.

Frequently asked questions