Can You Refuse Parenting Time Because of Safety Concerns? What Alberta Parents Should Know.

When parents separate, disagreements about parenting time can be emotionally challenging. These disagreements become particularly difficult when one parent believes that the child's safety may be at risk while in the other parent's care.

A common question we hear is: Can I refuse to allow my child to spend time with the other parent if I have safety concerns?

The answer is not always straightforward. In Alberta, parenting decisions are guided by the best interests of the child, and safety is an important consideration.

The Best Interests of the Child Come First

Under Section 18 of the Family Law Act of Alberta and Section 16 of the Divorce Act, the child's best interests are the primary consideration in determining parenting arrangements.

The Court considers several factors, including the child's physical, emotional, and psychological safety, security, and well-being.

Where there are allegations of family violence, substance abuse, neglect, or other circumstances that may place a child at risk, the Court may consider whether the existing parenting arrangements adequately protect the child.

However, concerns about the other parent's conduct must be assessed in the context of the available evidence.

Can You Withhold Parenting Time?

If there is an existing Parenting Order, both parents are generally expected to comply with its terms.

A parent who unilaterally withholds parenting time without sufficient justification may face legal consequences, including enforcement proceedings.

However, where there is an immediate and genuine threat to a child's safety, protective action may be necessary.

For example, concerns may arise where a parent:

• Appears intoxicated while attempting to exercise parenting time;
• Has engaged in violent or threatening behaviour;
• Exposes the child to unsafe living conditions; or
• Has demonstrated behaviour that creates an immediate risk of harm.

It is important to distinguish between a genuine safety concern and a disagreement about the other parent's parenting style.

If you believe your child is in immediate danger, prioritize the child's safety and seek appropriate assistance.

What If the Other Parent Has a History of Substance Abuse?

A history of alcohol or drug abuse does not automatically disqualify a parent from exercising parenting time.

The Court will consider the nature of the concern, whether it affects the parent's ability to care for the child safely, and whether appropriate safeguards can address any identified risk.

Depending on the circumstances, safeguards may include supervised parenting time, conditions requiring sobriety during parenting time, or other protective arrangements.

The Court's objective is not to punish a parent for past conduct, but to establish parenting arrangements that protect the child's best interests.

What Can You Do If You Have Safety Concerns?

If you are concerned about your child's safety, there may be several legal options available.

You may seek to vary an existing Parenting Order, request interim parenting arrangements, or apply for urgent relief where the circumstances justify it.

It is also important to preserve relevant evidence, including concerning messages, documented incidents, police reports, or other records that may assist the Court in assessing the alleged risk.

Where appropriate, the Court may impose conditions on parenting time rather than eliminating contact altogether.

Should You Stop Parenting Time Without a Court Order?

This is where obtaining legal advice becomes particularly important. Although a parent may feel justified in withholding parenting time, doing so without properly addressing the issue through the legal process can create additional complications.

The appropriate response depends on the seriousness and immediacy of the risk, the terms of any existing Court Order, and the child's circumstances.

The key is to act protectively, reasonably, and promptly.

Final Thoughts

Every child deserves to feel safe and secure, and every parenting dispute must be considered in light of the child's best interests.

If you are concerned about your child's safety during parenting time, you do not have to navigate those concerns alone.

At Stokes Law LLP, we are committed to providing compassionate, strategic, and effective legal representation in family law matters involving family violence, parenting disputes, support claims, and property division. If you have questions about how this decision may affect your situation, we encourage you to contact our office to schedule a consultation. Our team is here to help you understand your options and move forward with confidence.