When parents separate, the most important question is often what happens to the children. The law no longer uses the old terms “custody” and “access.” Instead, parents now have parenting time and decision-making responsibilities. These modern terms reflect the shift away from ownership language toward a model that prioritizes the best interests of the child.
At OP Lawyers LLP in Calgary, our Family Lawyers help parents understand their legal rights, negotiate parenting agreements, and secure parenting orders under Alberta’s Family Law Act and the federal Divorce Act. Whether you are separating from a spouse or ending a common-law relationship, known as Adult Interdependent Relationship in Alberta, knowing how the law approaches parenting can make the process smoother and less stressful for everyone involved.
The Legal Framework in Alberta
Parenting arrangements in Alberta are governed primarily by two pieces of legislation. For married couples who are divorcing, the Divorce Act (Canada) applies. For unmarried couples, the Family Law Act (Alberta) governs parenting decisions.
Both laws share the same guiding principle: the best interests of the child. That means every decision must focus on the child’s emotional well-being, safety, and long-term development rather than the preferences of either parent.
Decision-Making Responsibilities
Decision-making responsibility refers to the authority to make important decisions about a child’s life. This includes decisions about education, health care, religion, and extracurricular activities. In Alberta, particularly for married couples, the courts will often view joint decision making as the starting point.
There are several possible arrangements that the courts may consider with respect to important decisions.
Joint decision-making means both parents share responsibility and must communicate about major choices and give input prior to a decision being made.
Sole decision-making gives one parent exclusive authority, typically used when communication has broken down or one parent is unable to participate constructively. This can also include circumstances where the parties are going through high conflict separation and are unable to work together.
Divided or parallel decision-making assigns specific areas to each parent. For example, one parent may handle education while the other manages health care decisions. While this type of decision making is rare, if it happens, it is generally granted when parties have a shared parenting schedule.
Courts in Alberta prefer joint decision-making whenever it is practical and in the child’s best interests. However, joint arrangements require cooperation and trust. If parents cannot communicate effectively or if one parent has a history of neglect or abuse, the court may order sole decision-making for the child’s protection.
Factors the courts consider
Parenting time refers to when each parent is physically responsible for the child. Unlike the old concept of “access,” parenting time recognizes that both parents have active roles in their child’s life. The amount and schedule of parenting time vary depending on the child’s needs, the parents’ schedules, and logistical factors such as distance between homes.
Courts consider several factors when determining parenting time:
• The child’s age, developmental stage and history of care
• The child’s relationship with each parent and extended family
• The stability of each parent’s home environment
• The child’s cultural, linguistic, and spiritual background
• The willingness of each parent to support the child’s relationship with the other parent
The goal is always to create a plan that supports the child’s emotional and physical health while preserving strong bonds with both parents whenever possible.
Parenting Orders in Alberta
If parents can agree on a parenting plan, they can put their arrangement into a parenting agreement, which can also be filed by putting the terms in a court order. If they cannot agree, either parent may apply for a parenting order.
A parenting order is a formal court document that sets out who has decision-making authority, how parenting time is divided, and how the parents will communicate. The order can also include special provisions about holidays, transportation, or how new partners will be introduced.
At OP Lawyers LLP, our family law lawyers assist with drafting parenting agreements and representing clients in court should applications become necessary. We help clients present clear, evidence-based proposals that align with Alberta’s legal standards and the best interests of the child test.
Shared, Split, and Primary Parenting
The law in Alberta recognizes that every family is unique. Parenting arrangements are flexible and can take many forms.
Shared parenting occurs when the child spends close to equal time with each parent. This arrangement requires high cooperation and often works best when parents live near each other. It requires that each party have at least 40% of the time with the children. Shared parenting can include week on week off parenting arrangements or having the week split in half such that one parent has 4 days and the other 3.
Primary parenting means the child lives mainly with one parent while spending regular time with the other. The non-primary parent may still share decision-making responsibility depending on circumstances. This could include arrangements where the non-primary parent has parenting time every other weekend, or one or two overnights per week.
Split parenting applies when parents have more than one child and each parent has primary care of at least one child. Alberta courts generally avoid this structure unless it is clearly in the children’s best interests.
How Parenting Orders Are Enforced in Alberta
Once a parenting order is granted, both parents must follow it. Alberta courts take violations seriously. Repeatedly denying parenting time or failing to comply with an order can lead to enforcement measures, costs or contempt of court. The court may require make-up parenting time, impose fines, or in extreme cases, change the existing order and switch the primary parent.
If a parent believes the other is breaching an order, they should document each incident and seek legal advice before taking further action. At OP Lawyers LLP, our Calgary Family Lawyers can assist clients with both enforcing and defending against alleged breaches.
Modifying an Existing Parenting Order
Life changes. Parents may move, change jobs, or experience new family circumstances. Alberta law allows parenting orders to be varied if there has been a material change in circumstances. For example, a parent relocating to another city, changes in a child’s medical needs, or concerns about safety may justify a court review.
The court will always reconsider based on the child’s best interests, not the parent’s preferences. Our Calgary Family Lawyers can help parents prepare variation applications, ensuring that new evidence is presented clearly and that procedural rules are followed.
The Role of Mediation and Parenting Coordination
Not every parenting dispute needs to go to court. Mediation and parenting coordination provide alternative paths for resolving conflicts respectfully.
Mediation involves a neutral third party who helps parents reach a mutually acceptable plan. Parenting coordination is a more structured process used after an order or agreement is in place. A parenting coordinator helps interpret and implement existing arrangements, reducing recurring conflict. In some cases, the parenting coordinator can be granted decision making authority to make changes to parenting arrangements.
These processes are less adversarial and often lead to better long-term cooperation. At OP Lawyers LLP, we encourage parents to consider these options whenever possible before turning to litigation.
How Calgary OP Lawyers LLP Can Help
Our Calgary Family Lawyers provide compassionate, practical advice for all parenting and decision-making matters. We help clients understand their legal rights, negotiate parenting schedules, draft enforceable agreements, and represent them in court when required. We also work with mediators, counsellors, and other professionals to support positive co-parenting outcomes.
We approach every file with the same philosophy: the child’s best interests come first. We aim to reduce conflict, encourage cooperation, and achieve lasting arrangements that truly work for your family.
Conclusion
Parenting orders and decision-making arrangements shape the future of a family after separation. Alberta’s laws emphasize best interest of the children, and above all, their wellbeing. Understanding how these laws work is the first step toward building a stable future for your children.
Whether you are negotiating your first parenting agreement, seeking to modify an existing order, or facing enforcement issues, OP Lawyers LLP offers trusted legal guidance. Our Calgary Family Law team combines experience, empathy, and a deep understanding of Alberta’s family legislation and the Divorce Act to help you find practical solutions that protect both your rights and your child’s future.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified family lawyer at OP Lawyers LLP or another legal professional.