Temporary & Permanent Guardianship Orders

SOMETIMES, A PARENT MAY NOT BE ABLE TO CARE FOR A CHILD. A TEMPORARY OR PERMANENT GUARDIANSHIP ORDER MAY BE THE SOLUTION.

At GDE FAMILY LAW, we believe that every child has a right to a loving, secure and stable home.

An alternative to traditional adoption is obtaining a Court Order for guardianship under Alberta’s Family Law Act, SA 2003, c F-4.5.

In certain situations, an adult who has been taking care of a children can apply to the Court become a permanent guardian.

If you are interested in applying for guardianship for a child under your care, GDE FAMILY LAW can assist you.

WHAT FACTORS DOES THE COURT LOOK AT TO DETERMINE SUITABILITY FOR GUARDIANSHIP?

  • The Court requires evidence that a determination of guardianship is in the best interest of the children.
  • Age can be important and whether the child consents to the guardian(s) proposed.
  • The Court may require evidence as to whether or not the parents of the children have given proper consent, or adequate notice provisions have been given to them.
  • The private guardianship order will be granted if a Court is satisfied that you are:
  • Able to assume the responsibility of a guardian toward the children.
  • Able to financially support them over the long-term, including, potentially, their post-secondary education.
  • Suitable to be appointed as a guardian for the children based on their “best interests”.

At GDE FAMILY LAW, we can discuss whether pursuing private guardianship may be a possibility for you in your circumstances; and can advise you if guardianship is the right choice for you and your family.