Parenting Time and Decision-Making Responsibility in Alberta: What Separated Parents Need to Know
- Shayla Domin
- Oct 2
- 2 min read
When parents separate, one of the most important matters to resolve is how they will continue to raise their children. In Alberta, the legal terms for custody have evolved. The concepts of “custody” and “access” are now referred to as parenting time and decision-making responsibility, aligning with updates to both the Divorce Act and Family Law Act.
Understanding your rights and responsibilities as a parent is essential not only for your peace of mind, but also for creating a stable and healthy environment for your children.
What Is Parenting Time?
Parenting time refers to the time a child spends in the care of each parent. During this time, the parent has the right to make day-to-day decisions affecting the child, including routines, meals, discipline, and other practical matters.
Parenting Time Can Be:
Shared: Each parent has the child at least 40% of the time.
Primary: The child lives primarily with one parent and visits the other.
Split: Each parent has primary responsibility for at least one child (in families with more than one child).
Courts in Alberta focus on the best interests of the child when determining parenting time. This includes factors like the child’s age, emotional ties, school and community connections, and each parent’s ability to provide a safe, stable environment.
What Is Decision-Making Responsibility?
Decision-making responsibility is about who makes major decisions in the child’s life, such as:
Education
Medical care
Religion or spiritual upbringing
Cultural practices
Extracurricular activities
Parents can share these responsibilities jointly, or one parent may be granted sole decision-making authority in specific areas. In some cases, the court may divide responsibility between the parents based on their strengths and the needs of the child.
Parenting Plans and Court Orders
Ideally, parents are encouraged to come to an agreement outside of court, creating a parenting plan that outlines parenting time, decision-making responsibilities, holidays, travel arrangements, and how future disputes will be resolved. These plans can be made legally binding by way of a consent order. If parents cannot agree, the matter may go before a Justice, who will grant a court order based on the child’s best interests.
Modifying Parenting Arrangements
Life changes, whether it is a new job, relocation, or changes in a child’s needs, can make existing arrangements outdated. In Alberta, parenting orders or agreements can be varied if there has been a significant change in circumstances. A family lawyer can help you determine if a variation is appropriate and guide you through the legal process.
Need Guidance? We Are Here to Help
At Stokes Law LLP, we help parents understand their rights, negotiate parenting arrangements, and advocate for their children’s best interests. Whether you are drafting an agreement or seeking to resolve a dispute, our experienced family law team is here to support you every step of the way.
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