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Parenting Time & Custody

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Parenting Time & Custody in Alberta: Frequently Asked Questions

When families go through separation or divorce, one of the most important—and emotional—topics is determining parenting arrangements. At 587LAWYERS, we help parents understand their rights and obligations, while focusing on what matters most: the well-being of your children.
What’s the Difference Between Parenting Time and Decision-Making Responsibility?
  • Parenting time refers to when a child is in the care of each parent, including daily routines, activities, and supervision. 
  • Decision-making responsibility (formerly called custody) involves the authority to make major decisions for the child—such as those related to education, medical care, religion, and cultural upbringing. 

Both aspects are evaluated based on what is in the best interests of the child.

How Do Alberta Courts Decide Parenting Arrangements?
Courts in Alberta always prioritize the child’s best interests. Judges consider a variety of factors, including:

  • The child’s physical and emotional needs
  • Each parent’s relationship with the child
  • Stability in the child’s home and routines
  • Each parent’s ability to care for the child
  • Any history of family violence, neglect, or substance abuse

Every family is unique, so the court tailors arrangements based on each child’s situation.

What Is a Parenting Plan, and Do I Need One?
A parenting plan is a written agreement that outlines how separated or divorced parents will share responsibilities. It often includes:

  • Parenting time schedules 
  • Decision-making arrangements 
  • Holiday/vacation planning 
  • Communication guidelines 

While not legally required, parenting plans reduce conflict and provide structure and predictability. If parents can’t agree, the court can impose a parenting order.

Can Parenting Time Be Denied Due to Missed Child Support?
No. Parenting time and child support are separate legal issues. If a parent falls behind on support payments, you cannot withhold their parenting time. Instead, financial issues should be addressed through the Maintenance Enforcement Program (MEP).
What If Parents Can’t Agree on Parenting Arrangements?
If negotiation breaks down, there are several dispute resolution options before going to court:

  • Mediation 
  • Arbitration 
  • Collaborative law 

If those methods fail, a judge will decide based on the child’s best interests. Courts prefer out-of-court solutions whenever possible to reduce stress and conflict.

Can Children Decide Which Parent to Live With?
Alberta courts may consider a child’s preferences if the child is mature enough to express a reasoned and informed opinion. However, this is only one of many factors. The court’s primary goal is to ensure the arrangement serves the child’s overall well-being, not just their preference.

In some cases, a parenting expert or child advocate may be appointed to assist.

What’s the Difference Between Sole, Joint, and Shared Parenting?
  • Sole Parenting: One parent has most or all decision-making power and primary parenting time.
  • Joint Parenting: Both parents share decision-making, but the child may primarily live with one.
  • Shared Parenting: The child spends substantial time with each parent, and both share decision-making.

The ideal arrangement depends on the child’s needs and the parents’ ability to cooperate.

Can Parenting Arrangements Be Changed Later?
Yes. Parenting orders or agreements can be modified if there is a significant change in circumstances, such as:

  • A parent moving 
  • Changes in the child’s health or schooling 
  • Evidence of neglect, abuse, or family violence 

You must apply to the court for changes, and the court will only approve them if they continue to serve the child’s best interests.

What If a Parent Doesn’t Follow the Parenting Order?
If one parent violates a court-ordered parenting plan, the other can apply to the court for enforcement. Possible court actions include:

  • Make-up parenting time 
  • Fines or penalties 
  • Changes to the existing parenting order 

Ongoing non-compliance can seriously affect custody and access rights.

Are There Resources to Help Parents Resolve Disputes?
Yes. Alberta provides free and low-cost support services, including:

  • Parenting After Separation (PAS) courses 
  • Family mediation 
  • Legal aid programs 

These services help parents communicate more effectively and focus on co-parenting in the best interest of their child.

Let Us Help You Build a Parenting Plan That Works

Navigating parenting after separation can be challenging, but you don’t have to do it alone. At 587LAWYERS, we’ll help you create a child-focused, legally sound parenting arrangement that protects your rights and supports your child’s future.

Contact us today to speak with a family lawyer and find clarity in your next steps.

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