Becoming the Guardian of a Child
Private Guardianship
The guardian of a child is the adult who is legally responsible to take care of the child. Usually, the guardian is the parent. Many children have two guardians and some have even more.
Sometimes a parent runs into difficulty caring for their child alone. Another adult would like to become a guardian of the child to support or replace the parent. To become a guardian, that person must apply to the Court for a private guardianship order.
If you become a private guardian of a child, it means that you've made a permanent commitment to raise the child and have agreed to assume all the responsibilities of a parent. It also legitimizes your relationship to the child - giving you the rights of a parent.
To apply for private guardianship, either you or the child must live in Alberta and you must have cared for the child for more than six months. The judge may drop these requirements if it's in the child's best interests to do so.
The judge will also consider whether:
- you're able and willing to assume the responsibility of a guardian;
- the child has consented (if the child is 12 or older); and
- the child will benefit from your appointment as private guardian.
Applying for a Private Guardianship Order
If you are interested in becoming the private guardian of a child for whom you have been caring, you must apply using a series of forms that are required by the Court. All the necessary forms are provided in the Private Guardianship Self-Help kit. If you require assistance, guidance, or clarification about how to complete these forms or would prefer a paper copy of this kit, please contact your local courthouse.
The Court requires that you file all forms in their original form. You should complete the forms in blue ink or, if they are completed online, ensure your signature is in blue ink to remove any doubt as to whether they are originals. Black ink makes it difficult to determine whether a form is an original or a copy.
Home Assessment Forms
Home Assessment - Family Questionnaire (Microsoft Word)
This form is to be completed by a family wishing to adopt, foster, provide kinship care or assume private guardianship of a child. The information will be used in the assessment process of the above mentioned. This form comes in two different formats: a Word 2000 version which can be filled out electronically, or you can print the PDF version and complete it.
Home Assessment - Report (Microsoft Word)
This form is to be completed by a caseworker or contracted home assessment worker.
This is a guide used by a caseworker or contracted home assessment worker to accompany the Home Assessment Report.
