Parenting arrangements in Alberta set when a child is with each parent and who makes the major decisions about that child.
A family lawyer in Calgary advises you on those arrangements, negotiates them with the other parent's lawyer, and represents you in court where agreement is out of reach.
The applicable parenting law depends on the proceeding and orders, not marital status alone. Alberta's Family Law Act jurisdiction to make or vary a guardianship, parenting or contact order continues unless and until an interim or final parenting or contact order is made under the Divorce Act in divorce proceedings.
"Child custody" is the older name for these arrangements. It remains in everyday use and in Alberta orders made before March 1, 2021.
In a parenting dispute, a lawyer sets out which Act applies to your family, gathers the evidence about the care of your child, negotiates parenting time and decision-making responsibility with the other parent's lawyer, and files or responds to an application at the Court of King's Bench of Alberta or the Alberta Court of Justice, depending on the Act and the relief sought. Consultations at THEBIL Law lead to retained work on parenting matters.
The words changed on March 1, 2021, when amendments to the Divorce Act (Canada) replaced custody and access with decision-making responsibility, parenting time and contact orders. Alberta uses its own terms under the Family Law Act (Alberta), so two vocabularies are in use.
| The older word | The Divorce Act term since March 1, 2021 | The Alberta Family Law Act term |
|---|---|---|
| Custody, meaning who decides | Decision-making responsibility | Guardianship, which carries decision-making powers |
| Custody, meaning where the child lives | Parenting time | Parenting time, set by a parenting order |
| Access, a spouse's time with the child | Parenting time | Parenting time, set by a parenting order |
| Access, where a person who is not a spouse seeks time | Contact order | Contact order |
Decision-making responsibility covers the major decisions about a child's health, education, language, culture, religion, spirituality and significant extra-curricular activities.
Under the Divorce Act, a person who is not a spouse may apply for a contact order with leave of the court, unless they already obtained leave to apply for a parenting order. The court considers all relevant factors, including whether contact could otherwise occur, such as during another person's parenting time.
A custody or access order made under the Divorce Act (Canada) before March 1, 2021 remains in force and can still be relied on. A parent does not need a fresh order because the words changed.
The Divorce Act directs the court to consider only the best interests of the child when making a parenting or contact order. Alberta's Family Law Act uses that test for proceedings under its parenting Part except proceedings about whether a parent is a guardian. The Acts have different factor lists.
The child's physical, emotional and psychological safety, security and well-being are the primary consideration. The child's views and preferences receive due weight according to age and maturity, unless they cannot be ascertained.
The court must ensure the greatest possible protection of the child's physical, psychological and emotional safety. It considers the child's views and preferences to the extent that it is appropriate to ascertain them.
A lawyer can explain the factors under the Act that applies to your proceeding and the evidence relevant to those factors.
Parents may settle parenting arrangements by agreement, and a court order is available where agreement is out of reach. The steps below are the paths a parenting matter may take, not a fixed sequence.
Agreement. An agreement is the terms two parents settle between themselves, usually with each parent's lawyer negotiating the wording.
Parenting plan. A parenting plan is the written document that records parenting time, decision-making responsibility and how the parents exchange information about the child.
Consent order. A consent order is a court order made on terms both parents agree to, which gives those terms the force of an order.
Court order. A court order is made by a judge after an application, where the parents do not agree.
An order is enforceable, and Alberta law provides enforcement steps where a parenting order is not obeyed.
Certain circumstances change what a parent is asking a court to decide.
The older phrase "full custody" can refer to decision-making, parenting time or both. These are separate allocations, so specify the arrangement you are seeking rather than relying on that label.
full (sole) custody›Under the Divorce Act, a relocation is a change of residence likely to have a significant impact on the child's relationship with a person covered by its definition. It has different notice rules from other changes of residence. Under Alberta's Family Law Act, the court may include a notice term in a parenting order; do not assume the two Acts impose the same duty.
relocation after separation›A child's refusal to attend parenting time does not by itself change an order, and the terms of the order continue to apply until a court varies them.
when a child refuses parenting time›Parents who never married resolve parenting under the Family Law Act (Alberta), which sets guardianship, parenting time and decision-making responsibility whether or not the parents were married.
unmarried parents›The contact-order route matters. Under Alberta's Family Law Act, a grandparent does not need permission if the guardians are the parents and are separated or one has died, and the grandparent's contact was interrupted by that separation or death. Under the Divorce Act, a non-spouse needs leave unless already granted leave to apply for a parenting order.
grandparents›Child support is calculated under the applicable guidelines, and the base table amount depends on the number of children and on the paying parent's income and province of residence. Parenting time can affect the amount, because the guidelines set a different calculation where parenting time is shared between the parents.
Nne Christiana Udo is the family lawyer at THEBIL Law and a member of the Law Society of Alberta. She advises and represents parents in Alberta parenting matters, including parenting time, decision-making responsibility and guardianship.
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The office serves Calgary and surrounding areas from 5920 Macleod Trl SW Ste 720, Calgary, AB T2H 0K1, Canada.
Ask which Act applies to your situation, how parenting time and decision-making responsibility are decided in Alberta, what information you need to gather, what steps your matter is likely to involve, and how the retainer, the cost and the timeline work in a matter like yours.
Contact THEBIL Law to discuss a parenting or child custody matter and the questions you want to address.
Send a consultation request at any time, or call 403-457-3128 during office hours. The office contacts you to arrange a meeting.