Navigating Contact Orders in Alberta: What You Need to Know

Misturah (Misty) Oshodi
Nov 10
3 min read

When parents separate or divorce, a significant and frequently emotional question that comes up is how the children will maintain meaningful relationships with both sides of their family. While parenting orders deal with parenting and decision-making responsibilities, contact orders serve a distinct but equally important purpose: they ensure that children can continue to interact with significant people in their lives, even if those individuals do not have parenting rights.

What Is a Contact Order?

According to the Alberta’s Family Law Act, a contact order is one that permits a person who is not a child’s guardian, such as a grandparent, extended family member, or another person with a close relationship to have regular contact or time with the child. Unlike parenting orders, which focus on guardianship and decision-making, contact orders aim to preserve relationships that are in the child’s best interests.

Who Can Apply for a Contact Order?

In general, if the guardians are limiting contact, someone who has played a significant role in the child's life but is not the child's guardian may request a contact order. But only if the court finds that the contact is in the child's best interests will it issue an order.

It is important to note that anyone who is not the child's parent or who is acting in a parent's place, may not make a contact order application except with the leave of the court on notice to the guardians. This rule, however, does not apply to the child's grandparents in cases where the guardians are also the child's parents, and the guardians live apart, or one of the guardians has passed away, and the guardians' separation or death has disrupted the grandparent's relationship with the child.

What the Court Considers

The child's best interests are always the court's top priority when determining whether to issue a contact order. Under section 18 of the Family Law Act, the court considers factors such as:

The child’s physical, emotional, and psychological well-being;
The nature and stability of the relationship between the child and the applicant;
The wishes of the child (depending on age and maturity);
The impact of the contact on the child’s relationship with their guardians; and
Any history of family conflict, safety concerns, or past court orders.

The court aims to strike a balance between supporting healthy family connections and ensuring the child’s environment remains stable and free from conflict.

When Contact Orders Are Contested

Disagreements about contact often arise when guardians believe that continuous communication with a non-guardian is not in the child’s best interests. In such cases, the applicant must provide strong evidence of the positive relationship and the potential harm that could result from denying the child contact.

Documentation, witness statements, and examples of consistent involvement in the child’s life such as participation in school activities or regular caregiving can all help support an application.

Bringing a Contact Order Application where Child and Family Services (CFS) is involved

When CFS is involved with a family, it can be diAicult for family members, such as grandparents or siblings, to stay in touch with a child. If it's in the child's best interests, a contact order under Alberta's Family Law Act permits non-guardians to visit or communicate with the child. However, new contact or custody applications are typically halted until the expiration of any Temporary Guardianship Orders (TGOs) or Permanent Guardianship Orders (PGOs) that CFS may have in effect.

The best course of action in these situations is to collaborate with the CFS caseworker to look into kinship contact options or request supervised visits or explore a private guardianship order application. Alternatively, after CFS involvement is over, you can ask the court for a contact order by demonstrating that continued contact is beneficial to the child and doesn't interfere with their care plan or stability.

Modifying a Contact Order

Once a contact order is in place, it can be varied if there is a material change in circumstances.

How a Family Lawyer Can Help

Navigating a contact order can be legally and emotionally challenging. A family lawyer can help you understand your options, prepare the necessary paperwork, and represent your interests in court.

Every family is different, and we at Stokes Law recognize that. Our team collaborates closely with clients to develop practical, child-centered solutions that preserve meaningful relationships while protecting the child’s best interests.

Our team can assist you with any inquiries you may have regarding the application, modification, or enforcement of a contact order in Alberta.

BOOK A CONSULTATION