Parenting Time & Custody

Parenting Time & Custody in Alberta: Frequently Asked Questions

When families experience separation or divorce, one of the most important and emotionally charged issues is deciding how parenting responsibilities will be shared. At 587LAWYERS, we work with parents to help them understand their legal rights and responsibilities while prioritizing what matters most: the best interests of their children.

Understanding Parenting Roles

Under Alberta’s Family Law Act and the Divorce Act, parenting arrangements are structured around two key concepts:

• Parenting time refers to the periods during which a child is in the care of a parent. This includes overseeing the child’s daily needs, routines, and activities.

• Decision-making responsibility (previously known as custody) is the authority to make significant decisions about the child’s upbringing, such as those related to education, health care, religion, and cultural development.

These elements can be shared or assigned depending on the specific needs of the child and the capabilities of each parent. The guiding principle in all cases is the best interests of the child.

How Parenting Arrangements Are Decided

Alberta courts approach parenting matters by carefully evaluating each family’s unique situation. Judges take into account several key factors, including:

• The child’s emotional, physical, and developmental needs

• The child’s relationship with each parent

• The ability of each parent to provide care and stability

• The child’s existing routines and home environment

• Any history of abuse, neglect, or family violence

• The child’s own views, where appropriate based on age and maturity

The court’s role is to establish an arrangement that supports the child’s overall well-being, continuity, and safety.

The Role of Parenting Plans

A parenting plan is a written agreement that outlines how separated or divorced parents will co-parent moving forward. A well-structured plan can include:

• Schedules for parenting time

• Holiday and vacation arrangements

• Guidelines for decision-making responsibilities

• Communication protocols between parents and with the child

While parenting plans are not legally mandatory, they provide clarity, reduce conflict, and help prevent future disputes. If parents are unable to reach an agreement, the court can issue a parenting order.

Misconceptions About Parenting Time and Child Support

It’s important to understand that parenting time and child support are separate legal issues. If a parent is behind on support payments, this does not justify denying them access to their child. Child support matters must be addressed through proper legal channels, such as Alberta’s Maintenance Enforcement Program (MEP), rather than through restricting parenting rights.

When Parents Disagree

When parents cannot agree on a parenting arrangement, Alberta offers several options for resolving disputes without going to court:

• Mediation – a neutral third party helps facilitate discussion

• Arbitration – a private decision-maker hears the case and makes a binding decision

• Collaborative law – both parties work together with legal and other professionals to reach agreement

If these methods are unsuccessful, the matter can proceed to court, where a judge will make a final determination. Alberta courts strongly encourage resolution outside of court when possible, to reduce stress and conflict for both parents and children.

Child Participation in Parenting Decisions

Depending on their maturity and ability to express informed views, a child’s preferences may be considered during parenting proceedings. However, this is just one factor among many. Courts aim to protect children from the pressures of adult conflict and will only weigh their views if doing so is consistent with their best interests. In some situations, the court may appoint a parenting expert, psychologist, or child advocate to assist.

Types of Parenting Arrangements

There are several types of parenting structures recognized in Alberta:

• Sole parenting – one parent has primary decision-making responsibility and parenting time

• Joint parenting – parents share decision-making authority, but the child may reside primarily with one parent

• Shared parenting – the child spends significant time with both parents, and both contribute to major decisions

The choice between these depends on the family’s dynamics, the parents’ ability to cooperate, and the needs of the child.

Changing an Existing Parenting Order

Parenting orders or agreements can be revised if there is a material change in circumstances—for example:

• A parent relocating

• Shifts in the child’s schooling, health, or safety

• Evidence of non-compliance, neglect, or abuse

Parents must apply to the court to modify the existing order. The court will only approve changes that continue to serve the child’s best interests.

When Parenting Orders Are Not Followed

If a parent fails to comply with a parenting order, the other party may apply to the court for enforcement. Depending on the nature and severity of the breach, the court may order:

• Additional parenting time to make up for lost contact

• Financial penalties or fines

• Modifications to the existing parenting arrangement

Persistent non-compliance can result in serious consequences for the offending parent, especially if it undermines the child’s well-being.

Support Services for Parents

Alberta offers several programs and resources to assist separating or divorcing parents, including:

• Parenting After Separation (PAS) – a free course for parents going through separation

• Family mediation services – to help resolve disputes constructively

• Legal aid and community supports – for those who qualify for financial assistance

These resources are designed to help parents build respectful, child-centered co-parenting relationships.

Let Us Help You Build a Parenting Plan That Works

Parenting after separation isn’t easy—but with the right guidance, it doesn’t have to be overwhelming. At 587LAWYERS, our family law team is here to help you navigate parenting arrangements with compassion, clarity, and a focus on your child’s future.

Contact us today to speak with an experienced family lawyer and take the next step toward a resolution that works for your family.