How to Apply for a Parenting Order Under Alberta's Family Law Act

When parents separate and cannot agree on parenting, a court order can set out who looks after the child and when. In Alberta, many parents who were never married, or who have not started a divorce, apply under the Family Law Act.

This article walks through the steps in order: whether you can use this route, which forms you need, where to file, what to complete first, what an order can include, and what happens once the other side is served. Your situation may have details that change the steps, so a lawyer can confirm how this applies to you.

This article covers the law of Alberta.

Can you apply under the Family Law Act?

Decisions about a child in Alberta are tied to guardianship, not just parentage, and in most cases a child's parents are also guardians. If guardians agree after separation, they can keep exercising their guardianship powers without a court order. If they disagree, either guardian can apply for a parenting order.

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, for example a grandparent, you would apply for a Contact Order rather than a parenting order.

The forms you need and where to file

To apply for a Family Law Act parenting order, you use the Claim – Family Law Act and the Affidavit of Service – Applicant, plus one of two statements.

• Statement – Parenting, if you want to share responsibilities and decision-making.
• Statement – Parenting (Sole Guardian), if you are applying as the 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.

What to complete before you file

The Parenting After Separation (PAS) course is required before filing a divorce application or a 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 the PAS course but does not satisfy the requirement.

In Greater Edmonton, Calgary, Red Deer and Grande Prairie, the Family Justice Strategy adds prerequisites before you file:

• PAS completion certificate filed with a court clerk before filing, where children under 18 will be affected; retake the course if the certificate is more than 2 years old.
• Alternative dispute resolution (ADR) attempted within the past 6 months, shown on the Participation in ADR form.
• A meeting with a family court counsellor, if you are unrepresented and have dependent children.
• A Financial Disclosure Statement, if you also claim support or property.

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.

What a parenting order can include and how a judge decides

A parenting order can divide parenting time, assign specific responsibilities, or set a process for resolving future disputes.

If guardians cannot agree, a judge decides based on the child's best interests. Factors include the child's care history, the child's views, the benefit of relationships with both parents or guardians, and any history of family violence.

It helps to think about these factors when you write your statement: what has the child's daily care looked like, what plan do you propose, and how will the child stay safe and connected to both parents where that is appropriate.

After you apply: the other side's response and next steps

Once the other guardian is served, they must respond using the Response – Family Law Act form (CTS3460), unless you agree to give them more time. The deadline depends on where they are served:

• 20 days if served in Alberta.
• 1 month if served elsewhere in Canada.
• 2 months if served outside Canada.

If they disagree with what you have said, they file a Reply Statement and serve you before the court date.

Practical next steps: gather your documents, register for the PAS course early, note whether you are in a Family Justice Strategy city, and speak with a lawyer if there is family violence, a possible divorce action, or a dispute about where the child lives.

Frequently asked questions