1. Which Law Applies to Parenting Arrangements?

2. Parenting Time and Decision-Making Responsibility

3. Who Decides the Parenting Arrangement?

4. What Is the Best-Interests Test?

5. Does the Court Prefer One Parent?

6. Is Equal Parenting the Starting Point?

7. How Does the History of Care Affect the Decision?

8. How Are a Child’s Views Considered?

9. How Does Family Violence Affect Parenting?

10. How Important Is the Parents’ Ability to Cooperate?

11. What Evidence Does the Court Consider?

12. What Happens While the Case Is Pending?

13. How Can a Parenting Dispute Be Resolved?

14. What Should a Parenting Plan Include?

15. Can a Parenting Arrangement Be Changed?

16. Common Mistakes in Parenting Disputes

17. When Should You Speak With a Family Lawyer?

18. How Bridgestone Law Can Help

Introduction

When parents separate, they must determine how their children will divide their time between homes and how important decisions will be made. These questions can feel urgent, particularly when the family does not yet have a written plan.

In Alberta, parents may decide parenting arrangements themselves through a written parenting plan or agreement. If they cannot agree, a court can make a parenting order. In either case, the arrangement must focus on the individual child’s best interests. There is no automatic rule that mothers receive primary care, fathers receive alternate weekends or parenting time must be divided equally.

The legal analysis considers the child’s safety, stability, relationships, needs and history of care, along with each parent’s ability to provide appropriate care and support the child’s relationship with the other parent.

Which Law Applies to Parenting Arrangements?

Parenting matters in Alberta may be governed by the federal Divorce Act or Alberta’s Family Law Act.

The Divorce Act generally applies when married spouses are divorcing or seeking parenting orders as part of a divorce proceeding.

The Family Law Act commonly applies to:

• unmarried parents;

• married parents who are not pursuing parenting relief through the Divorce Act; and

• certain guardians and other people seeking orders relating to a child.

Although the terminology and procedures can differ, both statutes require parenting decisions to be based on the child’s best interests.

The applicable statute can affect where the proceeding is brought, which forms are required and who may apply. A family lawyer can help identify the correct legal route.

Parenting Time and Decision-Making Responsibility

Parenting arrangements generally have two main components.

Parenting Time

Parenting time is the period during which a child is in a parent’s care. It may include:

• regular weekdays and weekends;

• school holidays;

• summer vacations;

• birthdays and special occasions;

• telephone or video communication;

• transportation and exchanges; and

• other time when the parent is responsible for the child.

A parent with parenting time ordinarily makes day-to-day decisions while the child is in their care, unless an agreement or court order provides otherwise.

Every schedule should be designed around the child’s needs rather than adult convenience or an assumed percentage.

Decision-Making Responsibility

Decision-making responsibility refers to authority over significant decisions about the child’s well-being. These commonly concern four main areas:

• health;

• education;

• culture, language, religion and spirituality; and

• significant extracurricular activities.

Decision-making responsibility may be:

• shared jointly;

• allocated to one parent;

• divided by subject;

• exercised jointly with one parent having final authority if agreement cannot be reached; or

• structured in another way suited to the child.

Parenting time and decision-making responsibility are separate. Equal parenting time does not automatically require joint decision-making, and a parent with less time may still participate in major decisions.

Who Decides the Parenting Arrangement?

Parenting arrangements may be determined in several ways.

Parents Reach Their Own Agreement

Parents are generally encouraged to develop their own parenting arrangements when they can do so safely and constructively.

They may negotiate directly or receive help from lawyers, mediators or other family professionals. An agreement reached by the parents can be more flexible and tailored than a schedule imposed by the court.

The arrangement should still be child-focused. Parents cannot make an agreement that ignores serious safety concerns or the child’s basic needs.

Parents Create a Parenting Plan

A parenting plan is a detailed written document explaining how the parents will care for the child after separation.

It can address:

• the regular schedule;

• holidays and vacations;

• transportation;

• communication;

• important decisions;

• school and medical information;

• extracurricular activities;

• travel;

• new partners;

• schedule changes;

• dispute resolution; and

• future reviews.

A plan should be specific enough to prevent predictable disputes while allowing reasonable flexibility.

Parents Obtain a Consent Order

Parents who agree may ask the court to incorporate their terms into a consent parenting order.

A court order is enforceable and may be useful when the parents need certainty, have had previous communication difficulties or require formal documentation for schools and other organizations.

The court must still be satisfied that the proposed arrangement serves the child’s best interests.

The Court Decides

If the parents cannot agree, either may apply for a parenting order. Each parent presents evidence about the child’s circumstances and the arrangement they propose.

The court then determines the parenting schedule and decision-making structure according to the child’s best interests. Depending on the case, the court may make an interim order before a final decision is reached.

What Is the Best-Interests Test?

Under section 16 of the Divorce Act, a court making a parenting or contact order must consider only the child’s best interests.

The child’s physical, emotional and psychological safety, security and well-being receive primary consideration.

The court considers all relevant circumstances, including:

• the child’s age and stage of development;

• the child’s need for stability;

• the child’s relationship with each parent;

• relationships with siblings, grandparents and other important people;

• each parent’s willingness to support the child’s relationship with the other parent;

• the history of care;

• the child’s views and preferences, where appropriate;

• the child’s cultural, linguistic, religious and spiritual upbringing;

• each parent’s proposed plan for the child;

• each parent’s ability to meet the child’s needs;

• the parents’ ability to communicate and cooperate;

• family violence; and

• relevant civil or criminal proceedings, orders or conditions.

The court weighs these factors together. No single item guarantees a particular result.

Does the Court Prefer One Parent?

Alberta law does not automatically prefer mothers, fathers or the parent who earns more income.

The court examines the evidence concerning the individual child and each proposed arrangement. Traditional family roles may be relevant to the history of care, but they do not create an automatic entitlement.

The court also does not award parenting time as a reward for good behaviour or punishment for marital misconduct. Past conduct is generally considered only if it relates to parenting, decision-making, contact or the child’s well-being.

Is Equal Parenting the Starting Point?

No. There is no automatic presumption of 50/50 parenting.

The Divorce Act provides that a child should have as much time with each spouse as is consistent with the child’s best interests. This supports meaningful relationships with both parents where appropriate, but it does not require an equal division.

Depending on the evidence, an appropriate arrangement might involve:

• equal parenting time;

• substantial but unequal time;

• a primary home with regular time with the other parent;

• a gradually increasing schedule;

• supervised parenting time; or

• restrictions necessary to protect the child.

The child’s needs determine the schedule, not a predetermined percentage.

How Does the History of Care Affect the Decision?

The court may consider who handled the child’s daily care before and after separation.

Relevant responsibilities include:

• preparing meals;

• arranging school and childcare;

• attending medical appointments;

• helping with homework;

• managing activities;

• administering medication;

• responding to emotional needs; and

• maintaining relationships with extended family.

This history can demonstrate the child’s existing routine and each parent’s practical experience.

It is not necessarily decisive. A parent who previously worked longer hours may still be capable of assuming greater care after adjusting their schedule. The court considers both the established history and realistic plans for the future.

How Are a Child’s Views Considered?

A child’s views and preferences may be relevant, with weight depending on the child’s age and maturity.

There is no fixed age at which a child obtains the legal right to choose where to live. The court may consider:

• whether the child understands the issue;

• how consistently the view has been expressed;

• the reasons for the preference;

• whether pressure or influence may be involved; and

• whether the preference is consistent with the child’s welfare.

A child’s views may be presented through appropriate evidence, including a professional process in suitable cases. Parents should not ask children to choose sides or recruit them into the dispute.

The child’s voice matters, but the child should not carry responsibility for the final legal decision.

How Does Family Violence Affect Parenting?

Family violence is directly relevant to the best-interests analysis.

The Divorce Act defines family violence broadly. It may include:

• physical abuse;

• sexual abuse;

• threats;

• harassment;

• psychological abuse;

• financial abuse;

• coercive and controlling behaviour; and

• a child’s direct or indirect exposure to violence.

The court considers the nature, seriousness, frequency and pattern of the conduct, its impact on the child and whether requiring the parents to cooperate would be appropriate.

Where safety concerns exist, an order may provide for:

• supervised parenting time;

• supervised exchanges;

• restricted communication;

• exchange through a third party;

• specific safety conditions;

• sole decision-making responsibility; or

• temporary limits on contact.

Mediation and direct negotiation are not appropriate in every case. Safety should be assessed before choosing a dispute-resolution process.

How Important Is the Parents’ Ability to Cooperate?

The ability to exchange information and make child-focused decisions can affect the structure of the parenting order.

Joint decision-making may be difficult where the parents cannot communicate without serious conflict or where one parent uses decision-making as a way to control the other.

However, ordinary disagreement does not automatically prevent shared parenting. Courts recognize that separated parents do not need a close personal relationship. Clear communication rules and carefully defined areas of responsibility can sometimes make the arrangement workable.

In higher-conflict cases, parallel parenting may be considered. This approach limits direct interaction and gives each parent greater independence during their parenting time while preserving a clear process for major decisions.

What Evidence Does the Court Consider?

A parenting decision must be based on reliable evidence rather than broad accusations.

Evidence may include:

• sworn affidavits;

• testimony;

• parenting records and calendars;

• relevant emails or messages;

• school and medical information;

• childcare records;

• police or child-intervention records where relevant;

• existing agreements and court orders;

• evidence of the child’s routine;

• proposed parenting plans; and

• expert or professional evidence in appropriate cases.

Parents should keep records that are factual, organized and focused on the child. A parenting journal can record schedules, missed exchanges, appointments and significant events without hostile commentary.

Secret recordings, private medical information and documents obtained improperly can create legal and ethical problems. Obtain advice before collecting unusual forms of evidence.

What Happens While the Case Is Pending?

If the parents cannot immediately agree, they may establish a temporary schedule themselves or seek an interim parenting order.

Interim arrangements address the child’s needs while the case continues. They may remain in place for a substantial period, particularly where disclosure, assessments or trial preparation take time.

Courts are often cautious about repeatedly disrupting a child’s established routine without adequate evidence. A temporary arrangement should therefore be approached carefully rather than treated as having no long-term importance.

An interim order is not necessarily the final result. The court may make a different order after hearing fuller evidence.

How Can a Parenting Dispute Be Resolved?

Direct Negotiation

Parents may exchange proposals and develop a plan themselves. This works best where communication is respectful and there are no safety concerns.

Lawyer-Assisted Negotiation

Lawyers can help define the issues, assess proposals and prepare a detailed agreement or consent order.

Mediation

A neutral mediator helps the parents explore possible arrangements. The mediator does not impose a decision or provide independent legal advice to either parent.

Collaborative Family Law

Parents and collaboratively trained lawyers work toward an agreement without court litigation. Parenting and child-development professionals may participate where helpful.

Judicial Dispute Resolution

A judge may assist the parties in attempting to settle their dispute through a structured court process. Availability and requirements depend on the court and circumstances.

Parenting Interventions or Assessments

In complex cases, the court may authorize a professional process under the applicable Alberta family practice notes. The intervention selected depends on whether the family needs therapeutic support, information about the child’s views or a more detailed assessment.

Trial

If the dispute cannot be resolved, a judge hears the evidence and makes a final parenting order. Trial is generally the most formal, time-consuming and expensive option.

What Should a Parenting Plan Include?

A comprehensive parenting plan may address:

• the regular weekly schedule;

• statutory holidays and school breaks;

• summer vacation;

• birthdays and important family occasions;

• exchange times, locations and transportation;

• telephone and video contact;

• education decisions;

• medical and dental care;

• religion, culture and language;

• extracurricular activities;

• access to school and health information;

• passports and travel;

• notice of changes;

• relocation;

• communication between parents;

• childcare;

• the child’s belongings;

• emergency decisions;

• dispute resolution; and

• review as the child grows.

The plan should be realistic. A complicated schedule that looks equal on paper may not work with the child’s school, activities or developmental needs.

Practical Example

Sofia and Evan separate after eight years. They have a seven-year-old child and initially disagree about the parenting schedule.

Both parents have been actively involved, live close to the child’s school and can manage school-day care. However, frequent exchanges have been difficult for the child.

With assistance, they develop a 2-2-5-5 schedule that provides predictable weekdays with each parent and longer alternating periods. They agree to make major health and education decisions jointly, while each parent handles ordinary daily decisions during their own parenting time.

Their written plan addresses holidays, transportation, activities, travel and a mediation process for future disagreements.

This arrangement may be suitable for their child, but it does not establish what would be appropriate for another family.

Can a Parenting Arrangement Be Changed?

Parents can agree to revise their parenting plan as the child’s circumstances evolve. If the existing terms form part of a court order, a formal consent variation may be appropriate.

Where one parent does not agree, the parent seeking a change generally must meet the applicable legal test. For a final parenting order, this normally involves showing a change in the child’s circumstances since the existing order was made. The court then determines what arrangement now serves the child’s best interests.

Possible changes include:

• a parent’s relocation;

• a major change in work schedule;

• the child starting school;

• new medical or developmental needs;

• persistent problems with the existing schedule;

• significant safety concerns; or

• a mature child’s changing needs and views.

Minor inconvenience or dissatisfaction may not justify reopening a final order.

Common Mistakes in Parenting Disputes

Treating the Case as a Contest Between Parents

The court is not choosing a winner. Evidence and proposals should explain how the arrangement benefits the child.

Assuming Equal Time Is Automatic

Equal parenting may be appropriate, but there is no automatic 50/50 rule.

Confusing Parenting Time With Decision-Making

The schedule and authority over major decisions require separate consideration.

Using Vague Parenting Terms

Terms such as “reasonable parenting time” may create conflict when the parents have different expectations. Specific schedules are often more workable.

Denying Parenting Time Because Support Is Unpaid

Parenting time and child support are separate legal obligations. Concerns about unpaid support should be addressed through appropriate enforcement procedures.

Making Unilateral Major Decisions

Changing a child’s school, treatment or residence without the required agreement or authority can create serious problems.

Involving the Child

Parents should not ask children to deliver messages, gather information or choose between households.

Focusing on Allegations Rather Than Evidence

Specific, reliable evidence is more useful than broad claims about the other parent’s character.

Ignoring Safety Concerns

Family violence should be addressed directly. A cooperative parenting model should not be imposed where it would place a child or parent at risk.

When Should You Speak With a Family Lawyer?

Legal advice may be especially important where:

• the parents cannot agree on a schedule;

• decision-making responsibility is disputed;

• there has been family violence;

• one parent wants to relocate;

• a child has significant medical or developmental needs;

• a parent seeks supervised parenting time;

• the child is resisting contact;

• an urgent interim arrangement is required;

• an existing order needs to be changed; or

• court documents have been filed.

Early advice can help you develop a child-focused proposal, preserve relevant evidence and choose an appropriate resolution process.

How Bridgestone Law Can Help

Bridgestone Law assists parents in Calgary and throughout Alberta with parenting plans, parenting time, decision-making responsibility and related child-support issues.

We can help you negotiate an agreement, participate in mediation, prepare a consent order or present your evidence to the court when a judge must decide.

The strongest parenting arrangements are not based on labels or assumptions. They are practical plans built around the individual child’s safety, stability and long-term well-being.