Introduction

Parenting time is the period when a child is in a parent’s care after separation or divorce. It can include weekdays, weekends, holidays, school breaks, travel, and virtual contact, depending on the family’s circumstances. During parenting time, that parent generally has authority to make routine day-to-day decisions unless an agreement or court order says otherwise.

There is no automatic rule in Alberta that parenting time must be divided equally. Parents may agree on a schedule, or a court may order one, but the controlling consideration is always the child’s best interests. The right arrangement is the one that best protects the child’s physical, emotional, and psychological safety, security, and well-being, not necessarily the schedule that gives each parent identical time.

Two legal frameworks commonly apply. The federal Divorce Act governs married spouses who are divorcing or divorced. Alberta’s Family Law Act applies to many parenting cases outside divorce proceedings. The terminology and procedures differ, but both focus on the child rather than either parent’s preferred percentage of time.

What Does Parenting Time Mean?

The Divorce Act defines parenting time as the time a child is in the care of a person under a parenting order, whether or not the child is physically with that person throughout the period. This matters because a child may be at school, an activity, daycare, or visiting relatives while still legally in a parent’s care.

Parenting time has replaced the older term “access” in current Divorce Act language. Alberta families may still have agreements or orders using “custody” and “access.” Those documents do not automatically stop operating because terminology has changed. Parents should follow the existing order unless it is properly changed.

Parenting time may include:

• regular weekdays and weekends;

• overnight or daytime visits;

• holidays, birthdays, and cultural or religious occasions;

• summer and other school breaks;

• transportation and exchange periods;

• telephone or video contact;

• travel with the child; and

• supervised time where safeguards are necessary.

A schedule should be clear enough to prevent recurring disputes but flexible enough to accommodate a child’s changing needs.

Parenting Time and Decision-Making Responsibility Are Different

Parenting time concerns when a child is in someone’s care. Decision-making responsibility concerns authority over significant matters such as health, education, language, culture, religion, spirituality, and major extracurricular activities.

The concepts can be arranged differently. Parents might have close to equal parenting time while one has final authority over medical decisions. A parent who sees a child less frequently may still share major decisions. Conversely, a parent with sole decision-making responsibility does not necessarily have all parenting time.

During their parenting time, a parent generally makes ordinary decisions about meals, bedtime, homework, discipline, transportation, and routine activities. Major choices remain subject to the decision-making terms in the agreement or order.

Clear drafting is important. A parenting plan should address both the schedule and the division of significant decisions rather than assuming one automatically determines the other.

How Is Parenting Time Decided?

Parents can develop a schedule through direct negotiation, negotiation with lawyers, mediation, collaborative family law, or another appropriate dispute-resolution process. An agreement should be recorded carefully and may be incorporated into a consent order where appropriate.

If parents cannot agree, the court can make a parenting order. Under the Divorce Act, the court considers only the child’s best interests. Its primary consideration is the child’s physical, emotional, and psychological safety, security, and well-being.

Relevant factors include:

• the child’s age, stage of development, needs, and need for stability;

• the child’s relationship with each parent, siblings, grandparents, and other important people;

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

• the child’s history of care;

• the child’s views and preferences, considered in light of age and maturity;

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

• each parent’s plan for the child’s care;

• each person’s ability and willingness to meet the child’s needs;

• the parents’ ability and willingness to communicate and cooperate where appropriate;

• any family violence and its effects; and

• relevant civil or criminal proceedings, orders, conditions, or measures.

No single factor determines every case. The court assesses the evidence as a whole and designs an arrangement for the particular child.

Is Equal Parenting Time the Default in Alberta?

No. Neither the Divorce Act nor Alberta’s Family Law Act creates an automatic presumption that every child should spend exactly half their time with each parent.

The Divorce Act directs courts to give a child as much time with each spouse as is consistent with the child’s best interests. This is sometimes called the maximum parenting time principle. It does not require a 50/50 schedule. Safety, stability, the child’s needs, practical realities, and all other best-interests factors remain controlling.

Equal or near-equal parenting time can work well when parents live reasonably close, can manage exchanges and school responsibilities, and the arrangement suits the child. It may be impractical or harmful where there is family violence, intense conflict, significant distance, an incompatible work schedule, a very young child’s particular needs, or another child-specific concern.

Courts do not award parenting time as a prize for parental fairness. The analysis remains focused on the child.

Common Parenting Schedules

There is no universal schedule. Common arrangements include:

Alternating weekends with weekday time

The child primarily resides with one parent and spends alternating weekends plus one or more weekday periods with the other. This may suit school routines or parents who live farther apart, but the plan should preserve meaningful involvement rather than reduce one parent to occasional recreation.

Week-on, Week-off

The child spends one week with each parent. This reduces the number of exchanges but can be a long separation from either parent for a younger child. It often works best when homes are close to school and parents can manage school materials and activities consistently.

2-2-3 or 2-2-5-5 schedule

These rotations give frequent contact with both parents and can create predictable weekdays. They also involve more exchanges and require careful coordination.

Graduated or step-up schedule

Parenting time increases in stages. This may be useful when a parent and child need to build or restore a relationship, a young child needs shorter and more frequent contact, or safeguards are being reviewed.

Supervised parenting time

Visits occur with an agreed supervisor or through a professional service. Supervision may be appropriate where evidence raises concerns involving violence, substance use, neglect, abduction risk, or a long interruption in contact. It should be tailored to the actual risk and reviewed when appropriate.

The label matters less than whether the schedule is safe, realistic, and responsive to the child.

What Should a Parenting Plan Cover?

A detailed parenting plan can reduce ambiguity and protect children from repeated parental conflict. It may address:

• the regular weekly schedule;

• start and end times;

• holidays, school breaks, birthdays, and special occasions;

• which schedule takes priority when dates overlap;

• exchange locations and transportation;

• school and daycare pickup authorization;

• notice for schedule changes;

• telephone and video contact;

• travel, passports, and consent documents;

• medications, clothing, schoolwork, and belongings moving between homes;

• attendance at medical appointments, school events, and activities;

• communication between parents;

• new partners and third-party caregivers, where genuinely relevant;

• procedures for illness, emergencies, and school closures;

• decision-making responsibility and information sharing;

• dispute resolution; and

• a review process as the child grows.

Terms such as “reasonable parenting time” can work for highly cooperative parents but may create conflict when expectations differ. A more detailed schedule often helps families who need predictability.

Parenting Time and Family Violence

Family violence is directly relevant to parenting arrangements. The Divorce Act’s definition extends beyond physical assault and can include sexual abuse, threats, harassment, stalking, psychological and financial abuse, coercive and controlling behaviour, harm to animals or property, and a child’s direct or indirect exposure to such conduct.

The court considers the seriousness, frequency, timing, and pattern of violence; whether coercive control is present; the harm or risk to the child; fear and safety concerns; and whether requiring cooperation is appropriate.

Depending on the evidence, safeguards may include:

• supervised parenting time;

• supervised or third-party exchanges;

• a neutral exchange location;

• limited written communication;

• staggered arrival times;

• restrictions involving substances, weapons, or particular people;

• conditions on travel; or

• suspended contact in exceptional circumstances.

Family dispute resolution is not suitable in every case. A person facing immediate danger should contact emergency services or an appropriate family-violence resource. Legal advice should be obtained before direct negotiation where intimidation or coercive control affects genuine consent.

Do Children Choose the Parenting Schedule?

A child does not automatically gain the right to choose where to live or when to see a parent at age 12, or at any other fixed age. The child’s views and preferences are relevant when they can be ascertained, and the weight given to them depends on age, maturity, reasoning, and the circumstances.

An older teenager’s practical and well-considered views may carry substantial weight. A younger child’s views may also matter, but they are assessed alongside the need for stability, relationships, safety, and other factors.

Children should not be asked to negotiate the schedule, choose between parents, carry messages, or report on the other household. Depending on the case, their views may be presented through a views-of-the-child report, a parenting professional, counsel for the child, or other admissible evidence.

What If a Child Refuses Parenting Time?

A parent should take a child’s resistance seriously without treating it as an automatic cancellation of the order. The cause may be anxiety, loyalty conflict, developmental changes, scheduling pressures, a damaged relationship, inappropriate influence, or a genuine safety concern.

Parents should document what occurred, avoid confrontations in front of the child, and seek professional or legal guidance promptly. The response must fit the cause. Family therapy, a graduated schedule, parenting coordination, or another intervention may help in some cases. Allegations of violence or abuse require careful safety assessment.

A parent generally must make reasonable efforts to comply with a parenting order. Simply saying that the child “does not want to go” may be inadequate, particularly for younger children. At the same time, physically forcing a distressed child into an exchange can cause harm. Early advice is important before the pattern becomes entrenched.

Missed, Denied, or Withheld Parenting Time

Occasional disruptions happen because of illness, weather, school events, or emergencies. Parents should communicate promptly and consider reasonable replacement time where appropriate.

Repeatedly denying court-ordered time without lawful justification can have serious consequences. Possible responses include negotiation, makeup time, clearer exchange terms, mediation, enforcement proceedings, cost awards, or a change to the parenting arrangement. The appropriate remedy depends on the governing statute, the order, and the evidence.

A parent should not withhold parenting time merely because child support is unpaid. Parenting time and support are separate legal obligations. Likewise, a parent should not stop paying support because parenting time has been denied.

Immediate safety concerns are different. If a child faces a credible and urgent risk, obtain legal advice promptly and use emergency services where necessary. A parent should be prepared to explain the evidence supporting any unilateral action.

Can a Parent’s New Partner Affect Parenting Time?

A new relationship does not automatically justify restricting parenting time. The question is whether the new partner or household circumstances affect the child’s best interests.

Relevant evidence might involve violence, unsafe substance use, criminal conduct, inappropriate caregiving, severe conflict around the child, or instability. Disapproval, jealousy, or moral disagreement without a demonstrated effect on the child is generally insufficient.

Parenting-plan terms about introductions should be realistic and child-focused. Overly intrusive restrictions can create enforcement problems and unnecessary conflict.

Parenting Time, Travel, and Relocation

Ordinary travel and a permanent relocation are not the same. Parenting plans should address notice, itineraries, emergency contacts, passports, consent letters, and responsibility for transportation costs.

Under the Divorce Act, a proposed change of residence may trigger notice requirements. A relocation is generally a move likely to have a significant impact on the child’s relationships, and it is subject to specific procedures, deadlines, and legal tests. The applicable burden of proof can depend partly on the existing parenting arrangement.

Parents should obtain advice well before moving, giving notice, objecting, or making irreversible plans. Relocation cases are fact-specific, and failure to follow statutory requirements can seriously affect the outcome.

Does Parenting Time Affect Child Support?

Parenting time and child support are legally distinct, but the schedule can affect how support is calculated. Under the Federal Child Support Guidelines, “shared parenting time” generally applies when each parent exercises at least 40 percent of parenting time over the course of a year.

Reaching the 40 percent threshold does not automatically eliminate support or produce a simple set-off. The court considers the table amounts for both parents, the increased costs of shared arrangements, and the conditions, means, needs, and other circumstances of each parent and child.

The calculation can be complex. Parents should avoid designing a schedule around a support threshold rather than the child’s needs, and they should obtain current financial disclosure and legal advice.

Can Parenting Time Be Changed?

Parents can agree to adjust a schedule, but significant or lasting changes should be documented properly. An informal practice may not legally replace an existing order and can create uncertainty later.

To vary a Divorce Act parenting order, the court generally must first find a change in the child’s circumstances since the earlier order. It then determines which new arrangement, if any, is in the child’s best interests. Alberta provincial proceedings have their own statutory and procedural requirements.

Circumstances that may justify review include:

• a child’s changing age, school, health, or developmental needs;

• a substantial and lasting change in a parent’s work schedule;

• persistent problems with exchanges or compliance;

• family violence or new safety concerns;

• a parent’s prolonged absence or renewed involvement;

• a significant move or proposed relocation;

• an older child’s evolving, independently expressed views; or

• a schedule that is no longer practical or serving the child.

Minor inconvenience or ordinary conflict may not justify litigation. The evidence must connect the requested change to the child’s circumstances and best interests.

Practical Tips for Successful Parenting Time

Parents can make transitions easier by:

• keeping exchanges calm, brief, and predictable;

• ensuring the child has essential medication and school materials;

• maintaining reasonable consistency in routines while accepting that households differ;

• sharing school, medical, and activity information promptly;

• communicating directly rather than through the child;

• supporting the child’s relationship with the other parent where safe;

• avoiding criticism of the other household in the child’s presence;

• giving reasonable notice of unavoidable changes;

• recording agreed changes in writing; and

• reviewing the schedule as the child’s needs evolve.

Perfectly identical rules in both homes are rarely possible. What children usually need most is safety, predictability, freedom from adult conflict, and permission to care about both parents.

Common Misunderstandings About Parenting Time

“Every parent is entitled to 50/50 time”

There is no automatic entitlement to equal time. The child’s best interests determine the arrangement.

“Parenting time and custody are the same thing”

Current law distinguishes the child’s time in a parent’s care from authority over significant decisions.

“A child can decide at age 12”

There is no fixed age. A child’s views receive weight appropriate to age, maturity, and circumstances.

“Support can be withheld when visits are denied”

Child support and parenting time are separate obligations. One should not be used to enforce the other.

“A parent can change the schedule whenever work changes”

Parents must follow the operative agreement or order unless they agree to a change or obtain a new order. Emergencies and isolated adjustments are different from unilateral permanent changes.

“More time means more decision-making authority”

The amount of parenting time does not automatically determine responsibility for major decisions.

When Should You Speak With a Family Lawyer?

Legal advice is especially important when:

• there is no clear parenting agreement or order;

• parents cannot agree on a workable schedule;

• family violence, coercive control, substance use, or safety concerns exist;

• parenting time is repeatedly denied or missed;

• a child strongly resists contact;

• supervised time may be needed or should be reviewed;

• one parent proposes moving with the child;

• holiday, travel, passport, or exchange disputes are recurring;

• a schedule may affect child-support calculations;

• an existing order uses older custody and access language; or

• a material change may justify varying an order.

Early advice can clarify which law applies, preserve relevant evidence, and prevent a practical disagreement from becoming an urgent court application.

How Bridgestone Law Can Help

Bridgestone Law assists parents and families in Calgary and throughout Alberta with parenting plans, parenting time, decision-making responsibility, guardianship, child support, relocation, family violence, negotiation, mediation support, consent orders, and contested court applications.

We can help develop clear arrangements that fit a child’s needs, resolve disputes constructively where possible, and seek appropriate court orders when agreement is not safe or achievable.