A Temporary Guardianship Order (TGO) is made when a court decides a child cannot safely live at home right now, but may be able to return within a reasonable time. For parents, a TGO is both a serious step and a window of opportunity. What happens during the order often decides whether a child comes home.
What is a TGO?
Under section 31 of the Child, Youth and Family Enhancement Act (CYFEA), the Alberta Court of Justice can make the Director a guardian of a child for a set period. Before making a TGO, the court generally must be satisfied that:
- the child is in need of intervention;
- the child cannot be adequately protected if they stay with, or are returned to, their guardian; and
- it can reasonably be expected that the child may be returned to the guardian within a reasonable time.
That third point is what separates a TGO from a Permanent Guardianship Order. A TGO is built around reunification.
Who makes decisions for the child?
Under a TGO, the Director becomes a guardian of the child, jointly with the parent in many respects. In practice, the Director decides where the child lives and makes most day-to-day decisions. Parents often keep a role in important matters, and the order may set out specific terms. Children are usually placed with kinship caregivers or in foster care.
How long can a TGO last? Time-in-care limits
The CYFEA limits how long young children can remain in temporary care. The limits reflect the importance of stability in a child’s early years. The time counts cumulatively, so earlier periods under a Custody Agreement, an initial custody order or an earlier TGO generally count toward the total.
| Child’s age | Generally, maximum cumulative time in temporary care |
|---|---|
| Under 6 years | 9 months |
| 6 years or older | 12 months |
| Either age, where the court finds it is in the child’s best interests | One further period of up to 6 months |
Certain periods may not count, for example where the child has been out of the Director’s care for a long stretch. When the time limit is reached, the court generally must decide whether the child can go home or whether a more permanent plan is needed.
Key point: The clock starts early and runs quickly. Engaging with services and assessments from day one is often the strongest thing a parent can do.
Access to your child during a TGO
Most parents continue to see their child during a TGO, often with supervised visits at first that may expand as things improve. If you cannot agree with the Director on access, you can apply to the court. Steady, positive contact also matters as evidence of your bond with your child.
What parents are usually asked to do
- Complete parenting, psychological or addiction assessments
- Attend recommended programs, counselling or treatment
- Maintain safe, stable housing
- Attend visits consistently and on time
- Address any concerns about other adults in the home
The court will later look at what services were offered, whether you took part and what changed.
Reviewing, varying or ending a TGO
A TGO generally ends when its term expires, when the court ends it, when a private guardianship order is granted, or when the child turns 18. During the order, the guardian, and a child who is 12 or older, generally have one opportunity to apply to vary or end it. TGO decisions can also be appealed to the Court of King’s Bench of Alberta, generally within 30 days.
When a TGO ends, the Director may return the child home, sometimes with a Supervision Order, apply for a further TGO within the time limits, or apply for a PGO.
How Olex Legal can help
We can represent you at the TGO hearing, negotiate access and terms, help you build a strong record of progress and prepare you for any review or permanency hearing. Start with our guide to child intervention in Alberta, or book a consultation with our Calgary family law team.
Frequently asked questions
Does a TGO mean I lose my rights as a parent? No. Under a TGO you generally remain a guardian, though the Director shares guardianship and decides where your child lives. Reunification is the goal.
How long will my child be in care under a TGO? It depends on the order. There are overall limits: generally 9 months for a child under 6 and 12 months for a child 6 or older, with one possible 6-month extension.
Does time under a Custody Agreement count? Generally yes. Time in the Director’s care under agreements and earlier orders usually counts toward the cumulative limit.
Can I see my child during a TGO? In most cases, yes. Access is usually arranged with the Director. If you cannot agree, you can ask the court to decide.
What happens when the TGO expires? The child may return home, possibly under supervision. Alternatively, the Director may seek a further order within the time limits or apply for a Permanent Guardianship Order.
Can a relative care for my child instead of foster care? Kinship placements with extended family are generally preferred where they are safe. Let your caseworker and lawyer know about family members who can help.
