This blog is intended to provide general information and is not a substitute for legal advice. Please consult our qualified attorney for guidance specific to your case.
When parents decide to separate or divorce, determining the custody arrangement for children can be one of the most complex aspects. In Alberta, the terms “custody” and “access” have been replaced with “parenting time” and “decision-making responsibilities” under the Divorce Act amendments. These changes focus on prioritizing the best interests of the child above all else.
There are several types of parenting arrangements: shared, where both parents have significant time with the child; primary, where one parent has more time than the other; and split, where each parent has custody of different children. Alberta courts encourage parents to create a detailed parenting plan, which outlines each parent’s time with the children, how major decisions will be made, and how disputes will be handled.
In situations where parents cannot agree, the court may intervene, basing its decision on what will best support the child’s emotional, physical, and psychological well-being. Factors include the child’s age, relationship with each parent, and any history of family violence. Understanding these legal terms and the factors considered can help parents prepare for custody discussions.
When it comes to disputes over parenting time or decision-making, Alberta courts may appoint a parenting expert or mediator to help families find solutions outside of the courtroom. Parenting coordination is another tool available to parents who need ongoing support in resolving conflicts. Alberta also requires parents to attend a Parenting After Separation (PAS) course if children are involved in a divorce. This course helps parents understand how separation impacts children and how to co-parent effectively. Being aware of these resources can help parents create a stable and healthy environment for their children during and after the separation process.
