Spend time with a child if you’re not their caregiver

What is contact with a child

Contact with a child refers to any time a non-guardian has with a child. The non-guardian may be a parent who is not a guardian, a grandparent, another family member or a close friend.

Contact can be in person or virtually, such as by video chat, phone or messaging. How often you have contact with the child depends on what the guardians agree to or what the court decides.

Contact is different than kinship care. When a parent cannot care for their child, such as if Children’s Services is involved, a family member or close family friend can agree to become the child’s guardian for some time. This is known as kinship care and is an alternative to a foster homefoster home A temporary place where a child can live when they can’t stay with their own families. In Alberta, foster homes are approved and regulated by the government.. Learn more about Alberta’s kinship care program on the Government of Alberta’s website.

Who can decide about contact time

The child’s guardians can make an agreement to allow you to have contact with the child. The agreement should set out when and how you have contact.

To make the agreement, you and the child’s guardians can work together or get help from a professional. You can also turn the agreement into a consent order, which the court can enforce if need be.

If you and the child’s guardians cannot come to an agreement, the court can decide. If the court decides you should have contact with the child, it can grant a contact order.

When the guardians or the court are deciding whether you should have contact and how often, they must look at what is in the best interests of the child.

If you need to get a contact order

Getting a court order takes time and money. Going to court should always be your last resort.

A contact order says who has contact with a child. It also says when and how the non-guardian has contact with the child, such as in person or by video chat or phone.

A court is not likely to grant a contact order if:

• you don’t have a relationship with the child, meaning you are a stranger to the child
• you could have contact during the parenting time of one of the guardians. The court will not likely order contact for a grandparent related to one guardian during the other guardian’s parenting time unless there is a good reason to do so.

Two laws talk about contact orders: Alberta’s Family Law Act and Canada’s Divorce Act. Under the Family Law Act, anyone who is not a guardian can apply for a contact order. Under the Divorce Act, anyone who is not one of the divorcing spouses can apply for a contact order. Under both laws, getting a contact order is usually a two-step process.

Step 1. Ask for the court’s permission

Usually, you must first ask the court for permission to apply for a contact order. You are the applicantapplicant The person who applies for a court order. and the child’s guardians are the respondents.

You do not have to ask for permission if:

• you are asking the court to change an existing contact order
• you are grandparents applying using the Family Law Act and your earlier contact with a child has changed because the child’s parents separated or one parent died

To ask the court for permission, follow the steps on the Get or respond to a court order page.

If the court grants permission, you can apply for a contact order. If the court does not grant permission, then you can’t apply for a contact order.

Step 2. Apply for a contact order

If you are applying using the Family Law Act, you must convince the court that:

1. the child’s physical, psychological or emotional health may suffer if the child doesn’t have contact with you, and
2. it is unreasonable for the guardians to deny contact between the you and the child.

If you are applying using the Divorce Act, the court will consider all relevant factors when making a decision.

Learn more about the forms and process on the Get or respond to a court order page.

If you have a contact order and want to move

Generally, you must notify the child’s guardians of your move. Review your contact order to see if it says anything about moving.

If your move will significantly impact the child’s relationship with you, you must give written notice to everyone who has parenting time or decision-making authority for the child. You must do this at least 60 days before you plan to move. Use the Notice of change in place of residence: Person with Contact form and include a proposal for how you will have contact with the child after you move.

If your move will not significantly impact the child’s relationship with you, you must give written notice to everyone who has parenting time or decision-making authority for the child. Do this as soon as possible before you move. There is no specific form for the notice though it must include the date of your move, your new address and your contact info.

You may also need to update your contact order to reflect how your contact time with the child will change once you move.

If the child’s guardians are moving, they must give you notice of their move and propose how you can continue to have contact with the child.