1. What Does 50/50 Parenting Mean?

2. What Does Alberta Law Say?

3. What Factors Determine Parenting Time?

4. Does “Maximum Parenting Time” Mean Equal Parenting?

5. When Can 50/50 Parenting Work Well?

6. When Might 50/50 Parenting Not Be Appropriate?

7. Parenting Time and Decision-Making Are Different

8. Does 50/50 Parenting Eliminate Child Support?

9. How Is Parenting Time Measured?

10. What Equal Parenting Schedules Are Common?

11. How Can Parents Create a Workable Parenting Plan?

12. How Are Parenting Disputes Resolved?

13. Common Mistakes in 50/50 Parenting Disputes

14. When Should You Speak With a Family Lawyer?

15. How Bridgestone Law Can Help

Introduction

When parents separate, one of the first questions may be whether the children will spend equal time in each household. Some parents have heard that Alberta courts now automatically order 50/50 parenting, while others assume that one parent will receive most of the time.

Neither assumption is correct. Alberta does not have an automatic presumption that parenting time must be divided equally. Courts determine parenting arrangements according to the best interests of the individual child. A 50/50 schedule may be appropriate when it supports the child’s safety, stability, relationships and daily needs, but another arrangement may be better where equal time would create disruption, excessive travel, unsafe contact or unmanageable conflict.

The focus is not on giving each parent an equal share. It is on finding the arrangement that best serves the child.

What Does 50/50 Parenting Mean?

A 50/50 parenting arrangement generally means that a child spends approximately equal time in each parent’s care.

Common equal-time schedules include:

• alternating weeks;

• a 2-2-3 rotation;

• a 2-2-5-5 rotation; or

• another repeating schedule that divides overnights relatively evenly.

The appropriate schedule depends on factors such as the child’s age, school routine, activities, distance between homes and ability to manage transitions.

The term “shared parenting” is sometimes used to describe equal parenting, but the terms are not always interchangeable. For child-support purposes, the applicable guidelines treat an arrangement as shared parenting when each parent exercises at least 40 percent of parenting time over the course of a year.

Forty percent parenting time is not the same as an automatic entitlement to equal time. It is a threshold used in the child-support analysis.

What Does Alberta Law Say?

Parenting disputes involving married spouses who are divorcing are generally decided under the federal Divorce Act. Alberta’s Family Law Act may apply to unmarried parents and to some parenting proceedings outside a divorce.

Both legal frameworks focus on the child’s best interests. The court does not begin by asking which parent deserves half the time. It asks what arrangement will best protect and promote the child’s physical, emotional and psychological well-being.

Under section 16 of the Divorce Act, the court must consider only the child’s best interests when making a parenting order. The child’s safety, security and well-being receive primary consideration.

The Act also states that a child should have as much time with each spouse as is consistent with their best interests. This principle encourages meaningful relationships with both parents where appropriate, but it does not require equal parenting time.

The Department of Justice Canada explains that the optimal amount of time depends on the individual child’s circumstances. There is no mathematical starting point that replaces the best-interests analysis.

What Factors Determine Parenting Time?

The court considers all circumstances relevant to the child. No single factor automatically determines the result.

The Child’s Age and Development

An infant, preschooler and teenager may each need a different schedule.

Young children may benefit from frequent contact with each parent but find long separations or repeated transitions difficult. Older children may manage longer blocks of time but have school, employment, sports and social commitments that affect the schedule.

Stability and Routine

Courts consider the child’s need for consistency in:

• housing;

• school attendance;

• childcare;

• bedtime and homework routines;

• medical care;

• extracurricular activities; and

• important relationships.

Equal parenting should not require a child to live in a constant state of disruption.

The History of Care

The court may examine how parenting responsibilities were handled before and after separation.

This can include who regularly:

• prepared meals;

• attended medical appointments;

• communicated with teachers;

• arranged childcare;

• helped with homework;

• managed activities;

• provided emotional support; and

• responded to the child’s daily needs.

The history of care is relevant, but it does not permanently fix the parenting arrangement. Courts may also consider each parent’s present ability and plan for caring for the child.

The Child’s Relationship With Each Parent

The nature and strength of the child’s relationship with each parent are important. The court may also consider relationships with siblings, grandparents and other significant people.

A schedule should ordinarily support healthy family relationships where doing so is safe and consistent with the child’s needs.

The Parents’ Ability to Meet the Child’s Needs

A parent seeking equal time should be able to explain how the child’s practical needs will be met.

Relevant considerations may include:

• work schedule and availability;

• childcare plans;

• housing;

• transportation;

• knowledge of the child’s medical or educational needs;

• ability to maintain routines; and

• willingness to support the child’s activities and relationships.

The issue is not whether each home is identical. The question is whether each parent can provide safe and appropriate care during their parenting time.

Distance Between the Homes

Equal parenting is often more workable when the parents live reasonably close to one another and to the child’s school, childcare and activities.

A schedule involving long or unpredictable travel may leave the child spending excessive time in transit, arriving late or struggling to maintain friendships and activities.

The Parents’ Ability to Communicate

Parents do not need to be friends to share parenting time. They should, however, be able to exchange essential information and manage transitions without placing the child in the middle.

Persistent conflict may weigh against a schedule requiring frequent coordination. In some cases, a carefully structured parallel-parenting arrangement can reduce direct interaction while preserving meaningful time with both parents.

The Child’s Views and Preferences

The court may consider the child’s views, giving them weight according to the child’s age and maturity.

There is no fixed age when a child may simply choose the schedule. The court must consider whether the views are informed, freely expressed and consistent with the child’s interests.

Children should not be pressured to select one parent or asked to carry messages about the dispute.

Family Violence and Safety

Family violence is a central consideration. It can include physical abuse, threats, harassment, psychological abuse, financial control and patterns of coercive behaviour.

The court considers the nature, seriousness and frequency of the violence, whether the child was exposed to it, the resulting harm or risk, and whether requiring the parents to cooperate would be appropriate.

Equal parenting is not ordered merely to appear fair where it would compromise safety.

Does “Maximum Parenting Time” Mean Equal Parenting?

No. Section 16(6) of the Divorce Act provides that a child should have as much time with each spouse as is consistent with the child’s best interests.

The qualifying words matter. The court must first determine what serves the child’s best interests. Depending on the circumstances, that could mean:

• equal parenting time;

• substantial but unequal time;

• a primary home with regular parenting time;

• gradually increasing parenting time;

• supervised parenting time; or

• limited or suspended contact where necessary for safety.

The principle does not create a right to half of the child’s time. It prevents courts from unnecessarily restricting a healthy parent-child relationship when greater time would benefit the child.

When Can 50/50 Parenting Work Well?

An equal arrangement may be appropriate where:

• both parents have strong, established relationships with the child;

• each has demonstrated an ability to provide day-to-day care;

• the homes are reasonably close;

• the schedule works with school and activities;

• both homes are safe and stable;

• the child manages transitions well;

• the parents exchange necessary information;

• neither parent undermines the other’s relationship with the child; and

• the arrangement reflects the child’s age, temperament and needs.

The parents do not need to agree on every issue. Equal parenting may still work if the order or agreement provides sufficient structure.

When Might 50/50 Parenting Not Be Appropriate?

Equal parenting may be less suitable where:

• there are safety concerns or family violence;

• one parent has had little involvement and an immediate equal schedule would be disruptive;

• the parents live far apart;

• a child has medical, developmental or educational needs requiring greater consistency;

• one parent’s work schedule prevents regular care;

• the child struggles significantly with frequent transitions;

• there is severe, unmanaged conflict;

• a parent cannot meet the child’s basic needs;

• substance use or untreated mental-health concerns affect parenting; or

• the proposed schedule is designed mainly to reduce support rather than meet the child’s needs.

These circumstances do not always rule out equal parenting permanently. A gradual or conditional arrangement may sometimes be appropriate.

Parenting Time and Decision-Making Are Different

Equal parenting time does not necessarily mean equal decision-making responsibility.

Parenting time concerns when the child is in each parent’s care. Decision-making responsibility concerns significant decisions about the child, commonly including:

• health;

• education;

• culture, language, religion and spirituality; and

• significant extracurricular activities.

Decision-making may be joint, divided by subject or assigned primarily to one parent. The appropriate structure depends on the child’s interests and the parents’ circumstances.

During their parenting time, each parent generally makes ordinary day-to-day decisions, unless an agreement or order provides otherwise.

A family could therefore have equal parenting time with one parent having final responsibility for a particular major issue. Another family could have unequal parenting time but joint decision-making.

Does 50/50 Parenting Eliminate Child Support?

No. Equal or shared parenting does not automatically eliminate child support.

Under section 9 of the applicable child-support guidelines, where each parent exercises at least 40 percent of parenting time, support is determined by considering:

• the amounts set out in the child-support tables for each parent;

• the increased costs of shared parenting; and

• the circumstances, means, needs and conditions of each parent and child.

Courts commonly begin by comparing the parents’ table amounts, but the analysis does not always end with a simple set-off calculation.

Child support may still be payable where parenting time is exactly equal, particularly when the parents’ incomes differ. Special or extraordinary expenses may also need to be shared.

Parents should not design a parenting schedule primarily to reach or avoid the 40 percent threshold. Parenting arrangements should first serve the child.

How Is Parenting Time Measured?

There is not always a single correct method for calculating parenting time.

Overnight counts are often relevant, but they may not capture the full arrangement. Courts may consider the actual time a child is in each parent’s care, including portions of days, school time and responsibility for transportation.

The appropriate calculation can depend on the wording of the schedule and the purpose for which the percentage is being assessed.

If a child-support calculation depends on whether a parent reaches 40 percent, obtain advice rather than assuming that the number of overnights decides the issue.

What Equal Parenting Schedules Are Common?

Alternating Weeks

The child spends one week with one parent and the following week with the other.

This reduces the number of exchanges but may be difficult for young children who struggle with a full week away from either parent.

2-2-3 Rotation

The child spends two days with one parent, two with the other and then three days with the first. The pattern reverses the following week.

This provides frequent contact but requires many transitions and can be difficult to track.

2-2-5-5 Rotation

Each parent has the same two weekdays every week, with alternating five-day periods.

This can create predictable school-week routines while allowing longer blocks with each parent.

Customized Equal Schedule

Some families create a schedule around shift work, childcare or the child’s activities. A customized plan should remain predictable and should not require the child to manage complicated adult logistics.

Practical Examples

Equal Parenting Is Workable

Lena and Mark live ten minutes apart and close to their child’s school. Both have been actively involved in daily care, and their employment schedules allow them to manage school mornings and appointments.

They use a 2-2-5-5 schedule, communicate through a parenting application and keep school routines consistent. Equal parenting may be workable because it supports the child’s established relationships without interfering with stability.

Equal Parenting Would Create Too Much Travel

Nadia and Owen live in different communities more than an hour apart. Their child attends school near Nadia’s home, and an equal weekday schedule would require extensive driving and early mornings.

A schedule with the child primarily residing near the school and spending substantial weekends and holidays with Owen may better meet the child’s needs, even though the time is not equal.

A Gradual Increase Is Appropriate

Jordan has had limited parenting time since separation but has taken steps to establish stable housing and adjust their work schedule.

Rather than moving immediately to equal time, the parents agree to a staged plan that increases parenting time as the child becomes comfortable. The arrangement can be reviewed after a defined period.

These examples are simplified. The result in any case depends on the evidence and the child’s circumstances.

How Can Parents Create a Workable Parenting Plan?

A useful parenting plan addresses more than the number of overnights. It may include:

• the regular schedule;

• holiday and vacation time;

• exchange times and locations;

• transportation;

• school and childcare arrangements;

• communication with the child;

• access to medical and school information;

• major decision-making;

• extracurricular activities;

• travel and passports;

• notice of schedule changes;

• introductions to new partners;

• methods of parent-to-parent communication; and

• a process for resolving future disagreements.

Terms should be clear enough that each parent understands their responsibilities without repeatedly renegotiating routine issues.

Flexibility can help, but vague language such as “reasonable parenting time” may create conflict when the parents have different expectations.

How Are Parenting Disputes Resolved?

Parents may resolve the schedule through:

Direct Negotiation

Parents can develop their own plan where communication is safe and productive. Each may obtain legal advice before finalizing the terms.

Lawyer-Assisted Negotiation

Family lawyers can help identify disputed issues, exchange proposals and draft an enforceable agreement or consent order.

Mediation

A neutral mediator helps the parents explore possible solutions. The mediator does not decide the dispute and does not replace independent legal advice.

Parenting Assessments or Interventions

In higher-conflict or complex cases, the court may direct or authorize a professional process under the applicable Alberta family practice notes. The appropriate intervention depends on the issues and evidence required.

Court

If the parents cannot agree, either may ask the court for a parenting order. The court evaluates the evidence and determines what arrangement is in the child’s best interests.

Common Mistakes in 50/50 Parenting Disputes

Treating Equal Time as a Parental Right

Parenting orders protect children’s interests. Framing the case only in terms of fairness between adults may overlook the court’s actual test.

Focusing Only on the Percentage

A workable plan must address school, transportation, activities, routines and communication. An equal number of nights does not guarantee a child-centered arrangement.

Seeking 40 Percent Only to Change Support

Courts may be concerned when a proposed schedule appears financially motivated. Parenting and child support are connected, but the child’s interests determine the schedule.

Ignoring the History of Care

A parent should be prepared to explain their past and proposed involvement in the child’s daily life. General statements about being a good parent may not be enough.

Making Sudden Changes

A rapid move to equal parenting may be difficult for a young child or a child accustomed to another schedule. A gradual transition may be more appropriate.

Involving the Child in the Dispute

Children should not be asked to choose, collect evidence or report on the other parent’s household.

Confusing Parenting Time With Decision-Making

Equal time does not automatically resolve who makes significant health, education or cultural decisions.

Relying on an Informal Arrangement

A clear written agreement or court order can reduce future disputes and provide a reliable schedule for the child.

When Should You Speak With a Family Lawyer?

Legal advice may be particularly helpful where:

• one parent insists that equal parenting is automatic;

• the parents disagree about the schedule;

• there are family-violence or safety concerns;

• a child has significant medical or developmental needs;

• one parent wants to relocate;

• the parents live far apart;

• child support is disputed;

• a parent seeks to change an established arrangement;

• the child is resisting parenting time; or

• court documents have been filed.

A lawyer can help assess the relevant evidence, develop a realistic parenting proposal and distinguish the child’s needs from the parents’ competing preferences.

How Bridgestone Law Can Help

Bridgestone Law assists parents in Calgary and throughout Alberta with parenting schedules, decision-making responsibility, child support and related family-law matters.

We can help you develop or review a parenting plan, negotiate with the other parent, participate in mediation and seek or respond to a parenting order where court involvement is necessary.

Alberta does not favour a particular percentage in every case. The appropriate arrangement is the one that best protects and supports the individual child.