How to Apply for a Parenting Order in Alberta Step by Step

Going to court about parenting can feel like a maze of forms and requirements. The good news is that the steps follow a fairly clear order: decide which law applies, complete required courses, file the right forms and serve the other side.

This article lays out those steps for Alberta. Some details, such as which court level suits your situation, depend on the facts, so a lawyer can confirm them for you.

This article covers the law of Alberta.

Step 1: Work out which law applies

You can apply for a Family Law Act parenting order if no divorce action has been started by you or the other guardian and the child lives in Alberta. The Family Law Act cannot be used for a matter already dealt with by an order or judgment under the Divorce Act, and where a divorce action has started, parenting is dealt with under the Divorce Act instead.

If you are not a guardian, such as a grandparent or non-guardian parent, you apply for a Contact Order instead. Guardianship is worth confirming first, since it decides which application fits.

Step 2: Complete the required courses and steps

The Parenting After Separation course is required before filing a divorce or Family Law Act application in the Court of King's Bench, and a judge can also direct you to take it. You register online through the Resolution Services Learning Centre. The Parenting After Separation for Indigenous Families course complements but does not satisfy this requirement.

In Greater Edmonton, Calgary, Red Deer and Grande Prairie, the Family Justice Strategy adds requirements before filing a family application.

• The Parenting After Separation certificate must be filed with a court clerk before filing, and the course must be retaken if the certificate is more than 2 years old.
• You must have attempted alternative dispute resolution within the past 6 months, using the Participation in ADR form.
• A Financial Disclosure Statement is needed for support or property claims.
• Unrepresented parties with dependent children meet with a family court counsellor.

If you cannot complete a mandatory requirement, you file a Request to Waive/Defer Mandatory Requirements form. Reasons include family violence concerns, technological or language barriers, and inability to locate the other party.

Step 3: Choose the forms and the court

The forms are Claim – Family Law Act, Affidavit of Service – Applicant, and either Statement – Parenting, to share responsibilities and decision-making, or Statement – Parenting (Sole Guardian).

File at the same court and location where you have already been to court with the other party or started an action. Otherwise, you can file at any court in Alberta. Which court level is the better fit for your case, and whether other local protocols apply, is something to confirm with a lawyer or the court clerk.

Step 4: Serve the other side and what happens next

After filing, the other party must be served, and you complete the Affidavit of Service – Applicant. Unless the applicant agrees to more time, the person responding has 20 days if served in Alberta, 1 month if served elsewhere in Canada, or 2 months if served outside Canada. They use the Response – Family Law Act form (CTS3460). If they disagree with your claim, they file a Reply Statement and serve you before the court date.

If guardians cannot agree, a judge decides based on the child's best interests, aiming to protect the child's physical, psychological and emotional safety. The order can divide parenting time, assign specific responsibilities or set a process for resolving future disputes.

What to do next

• Confirm you are a guardian and that no divorce action has started.
• Register for Parenting After Separation and keep the certificate.
• Check whether the Family Justice Strategy applies in your city.
• Prepare your proposed parenting arrangements and supporting records.
• Fill in the forms, file them, and arrange proper service on the other party.
• Ask a lawyer to review your materials, especially if there are safety concerns.

Frequently asked questions