1. What Does “Best Interests of the Child” Mean?

2. Which Law Applies in Alberta?

3. The Child’s Safety, Security and Well-Being

4. Factors Considered Under the Best Interests Test

5. Does the Court Favor Mothers or Fathers?

6. How Is the Best Interests Test Applied?

7. Common Mistakes When Discussing a Child’s Best Interests

8. When Should You Speak With a Family Lawyer?

9. How Bridgestone Law Can Help

   
   

Introduction

When parents separate, they may have very different ideas about where their child should live, how parenting time should be divided and who should make important decisions. Each parent may genuinely believe that their preferred arrangement is best. Alberta family law does not resolve these disagreements by determining which parent deserves more time or which arrangement appears fairest to the adults.

Instead, parenting decisions are governed by the best interests of the child test. This legal test requires parents and courts to focus on the arrangement that best protects the individual child’s physical, emotional and psychological safety, security and well-being.

There is no universal parenting schedule that is presumed to be best for every child. The court considers the child’s needs, relationships, history of care, stability, views, cultural background, each parent’s ability to care for the child, the presence of family violence and all other relevant circumstances. The result depends on the particular child and family.

The best interests test applies to decisions about parenting time, decision-making responsibility and, in appropriate cases, contact between a child and someone other than a parent. It is the central principle guiding parenting arrangements in Alberta.

What Does “Best Interests of the Child” Mean?

The best interests test asks what arrangement will best support the child, rather than what either parent wants.

This does not mean that every parenting decision has only one possible answer. More than one arrangement may be capable of meeting a child’s needs. Parents may also have legitimate differences of opinion about schedules, schools, health care, activities or the child’s daily routine.

The test provides a legal framework for evaluating those options. It directs attention away from parental entitlement and toward practical questions such as:

• Will the child be safe?

• Which arrangement provides appropriate stability?

• How can the child’s important relationships be maintained?

• Who has historically cared for the child?

• Can each parent meet the child’s developmental and emotional needs?

• What does the child think about the proposed arrangement?

• Is there family violence or another safety concern?

• Can the parents communicate sufficiently to make the arrangement work?

A court must consider the child as an individual. An arrangement that works well for one family may be inappropriate for another because of the child’s age, temperament, health, relationships or circumstances.

Which Law Applies in Alberta?

Parenting decisions in Alberta may be made under the federal Divorce Act or Alberta’s Family Law Act.

The Divorce Act generally applies when married spouses are divorcing or when parenting issues are being determined as part of a divorce proceeding. Section 16 states that the court must consider only the best interests of the child when making a parenting or contact order.

The Family Law Act may apply to both married and unmarried parents. It also requires the court to decide parenting and contact issues according to the child’s best interests.

Although the legislation is not worded identically, both laws place the child’s safety, needs, relationships and overall well-being at the centre of the analysis. The applicable law and court process will depend on the parents’ relationship, the orders being requested and the history of the case.

The Child’s Safety, Security and Well-Being

Under the Divorce Act, the child’s physical, emotional and psychological safety, security and well-being must receive primary consideration.

This means that safety is not merely one factor among many. If a proposed arrangement creates an unacceptable risk of harm, other potential benefits may not make the arrangement appropriate.

Safety concerns are not limited to direct physical violence against the child. The court may also consider:

• violence between adults in the household;

• coercive or controlling behaviour;

• threats and intimidation;

• emotional or psychological abuse;

• a child’s direct or indirect exposure to family violence;

• substance misuse that affects parenting;

• serious neglect;

• unsafe supervision;

• a parent’s untreated condition where it affects the child’s care; and

• relevant criminal or civil proceedings, orders or conditions.

The court must assess the evidence carefully. An allegation does not automatically establish that violence occurred, but credible safety concerns should not be minimized simply because the child was not the direct target.

Factors Considered Under the Best Interests Test

The court must consider all factors relevant to the child’s circumstances. No single factor automatically decides the outcome.

The Child’s Age and Developmental Needs

A toddler, a school-aged child and a teenager have different needs.

Younger children may benefit from frequent contact with each parent but may struggle with long separations or constant transitions. School-aged children may require a schedule that supports attendance, homework, friendships and activities. Teenagers often need arrangements that recognize growing independence, employment, education and social commitments.

The court may also consider developmental differences, disabilities, medical needs and the child’s ability to adjust to transitions.

The Child’s Need for Stability

Stability may include consistency in the child’s home, school, community, routines, medical care and important relationships.

This does not mean that parenting arrangements can never change. Separation itself often requires significant adjustment. The court examines whether a proposed arrangement provides reasonable predictability and minimizes unnecessary disruption.

A plan involving frequent exchanges may work well when parents live near each other and communicate effectively. The same schedule may be impractical if the parents live far apart or the child finds transitions particularly difficult.

The Child’s Relationship With Each Parent

The court considers the nature and strength of the child’s relationship with each parent.

A parent does not necessarily have a stronger legal claim because the child feels closer to them. However, the quality of the existing relationships can help the court understand the child’s emotional needs and how a proposed schedule may affect them.

The court may also consider whether each parent recognizes and responds appropriately to the child’s individual needs.

Relationships With Siblings and Other Important People

Children may have meaningful relationships with siblings, half-siblings, stepsiblings, grandparents and other people who play an important role in their lives.

A parenting arrangement that unnecessarily separates closely bonded siblings or substantially disrupts important family relationships may affect the child’s well-being. The court will consider these relationships in the context of the entire family.

The History of Care

The history of care refers to how parenting responsibilities were handled before and after separation.

Relevant questions may include:

• Who prepared meals and managed daily routines?

• Who attended medical appointments?

• Who communicated with the child’s school?

• Who arranged child care and activities?

• How were responsibilities divided during the parents’ relationship?

• How has each parent cared for the child since separation?

The history of care is relevant but not necessarily decisive. Parenting roles may change after separation because of new work schedules, living arrangements or the child’s changing needs.

The Child’s Views and Preferences

A child’s views may be considered and given weight according to the child’s age and maturity.

There is no fixed age in Alberta at which a child can decide where to live. The preference of a mature teenager may carry significant weight, while a younger child’s views may be approached more cautiously.

The court may consider:

• how clearly the child expressed the preference;

• whether the preference has remained consistent;

• the reasons given by the child;

• the child’s maturity and understanding;

• whether the preference appears independent; and

• whether a parent may have influenced or pressured the child.

Children are not ordinarily expected to choose between their parents in open court. Their views may be communicated through appropriate evidence, including, in some cases, a Voice of the Child report or parenting evaluation.

Each Parent’s Plans for the Child

A parent asking for a particular arrangement should be prepared to explain how it will work.

The court may consider:

• where the child will live;

• how the child will travel between homes;

• school attendance;

• child-care arrangements;

• medical and therapeutic care;

• extracurricular activities;

• holiday and vacation schedules;

• communication between the child and each parent; and

• how important decisions will be made.

A practical, child-focused parenting plan may be more persuasive than a request expressed only as a percentage of time.

Each Parent’s Ability and Willingness to Meet the Child’s Needs

The court considers whether each parent can provide appropriate care and respond to the child’s physical, emotional, educational and developmental needs.

The analysis is not about which parent has more money or a larger home. Income differences are generally addressed through child support. A parent can provide a safe and nurturing home without matching the other parent’s financial circumstances.

The court is more concerned with each parent’s judgment, reliability, availability and ability to understand and meet the child’s needs.

Support for the Child’s Relationship With the Other Parent

A child generally benefits from a healthy relationship with both parents when it is safe and appropriate.

The court may consider whether each parent encourages the child’s relationship with the other parent, shares necessary information and avoids placing the child in the middle of adult conflict.

However, protecting a child from a genuine risk is not the same as improperly interfering with a parental relationship. Where family violence or another safety issue exists, the court must assess whether contact should be structured, supervised or limited.

The Parents’ Ability to Communicate and Cooperate

Some parenting arrangements require more communication than others.

Shared decision-making responsibility and schedules involving frequent exchanges may be difficult where parents cannot communicate safely or productively. The court may consider whether the parents can exchange information, make timely decisions and shield the child from conflict.

The law does not require separated parents to have a friendly relationship. The question is whether they can communicate to the degree required by the proposed arrangement.

Cultural, Linguistic, Religious and Spiritual Background

The court may consider the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage.

These considerations may affect the child’s identity, community relationships and sense of belonging. The court examines how the proposed arrangements will support these important aspects of the child’s life.

Does the Best Interests Test Require 50/50 Parenting?

No. There is no automatic presumption that equal parenting time is best for every child.

The Divorce Act states that a child should have as much time with each parent as is consistent with the child’s best interests. This principle does not require an equal division of time. The words “as is consistent with the best interests of the child” are essential.

Equal parenting may work well when:

• both parents can meet the child’s needs;

• the parents live reasonably close to each other;

• the schedule supports school and activities;

• the child manages transitions well;

• the homes are safe and stable; and

• the parents can communicate sufficiently.

A different schedule may be more appropriate where there are safety concerns, long travel distances, difficult transitions, a very young child, special needs or severe parental conflict.

The amount of parenting time is determined according to the child’s circumstances, not a mathematical rule.

Does the Court Favor Mothers or Fathers?

The best interests test does not give mothers or fathers an automatic preference.

The court focuses on parenting ability, the child’s needs, the history of care, safety and the practical arrangements being proposed. Traditional assumptions about gender should not determine the result.

A parent may have played a larger caregiving role during the relationship, and that history can be relevant. However, the significance comes from the child’s care and relationships, not the parent’s gender.

How Is the Best Interests Test Applied?

When parents agree, they can use the best interests factors to develop a parenting plan suited to their child. They may negotiate directly or obtain help through lawyers, mediation or another dispute-resolution process.

A parenting plan may address:

• the regular parenting schedule;

• holidays and school breaks;

• transportation and exchanges;

• communication with the child;

• education and health-care decisions;

• extracurricular activities;

• travel;

• information sharing; and

• methods for resolving future disagreements.

If the parents cannot agree, either parent may ask the court to make a parenting order. Each party can present evidence about the child’s needs, the current arrangements, their proposed plan and any relevant concerns.

The judge considers the evidence through the best interests framework. The decision should address the child’s circumstances rather than reward or punish either parent.

Practical Examples

Different Work Schedules

Two parents both have strong relationships with their eight-year-old child. One parent works regular weekday hours while the other works rotating shifts.

The best arrangement may not divide time equally every week. A schedule built around the rotating shifts could provide substantial time with both parents while maintaining consistent school attendance and child care.

A Child With Medical Needs

A child requires frequent medical appointments, strict medication routines and specialized support.

The court may consider each parent’s understanding of the child’s condition, history of attending appointments, ability to follow treatment recommendations and willingness to share medical information. The focus is not on labelling one parent “better,” but on ensuring the child receives reliable care.

Significant Parental Conflict

Parents want a shared schedule but cannot communicate without exposing the child to conflict.

The court may consider whether a detailed parenting plan, limited written communication, structured exchanges or divided decision-making responsibility could reduce conflict. If the proposed arrangement requires cooperation the parents cannot provide, another arrangement may better protect the child.

Family Violence

One parent seeks equal parenting time, but there is reliable evidence of coercive control and violence in the family.

The court must consider the nature, seriousness and frequency of the violence, whether the child was exposed to it, the resulting harm or risk and whether cooperation between the parents would be safe. The resulting order may include structured exchanges, supervised parenting time or other protections.

Common Mistakes When Discussing a Child’s Best Interests

Treating Parenting Time as a Parental Right

Parenting arrangements are not awarded to achieve fairness between adults. Proposals should explain how they meet the child’s needs.

Assuming Equal Time Is Automatic

Equal parenting can be appropriate, but it must work for the individual child. A percentage alone does not show why a schedule is in the child’s best interests.

Focusing Only on the Other Parent’s Faults

Evidence should connect the concern to parenting or the child’s welfare. Past conduct that does not affect parenting may have little relevance.

Involving the Child in the Dispute

Asking a child to choose, deliver messages or report on the other household can create emotional pressure. Parents should keep the child out of the adult conflict whenever possible.

Ignoring Practical Details

A proposed schedule must work with school, transportation, employment, child care, medical care and activities. Broad promises are less useful than a workable plan.

Minimizing Family Violence

Exposure to violence can affect a child even if the child was not physically harmed. Relevant safety concerns should be addressed carefully and supported with appropriate evidence.

Withholding the Child Without Addressing the Order

A parent who believes an existing arrangement is unsafe should obtain legal advice promptly. Simply disregarding an order can create further legal and practical problems unless immediate protective action is required.

When Should You Speak With a Family Lawyer?

Legal advice may be particularly helpful when:

• the parents cannot agree on parenting time or decision-making responsibility;

• there are allegations of family violence, abuse or neglect;

• a parent wants to relocate with the child;

• a child has significant medical, developmental or educational needs;

• a child is refusing parenting time;

• the parents disagree about the child’s school or health care;

• one parent wants to change an existing parenting order;

• there are concerns about parental influence or alienating behaviour;

• a Voice of the Child report or parenting evaluation is being considered; or

• the proposed parenting arrangement involves substantial travel or complex schedules.

A lawyer can help identify the relevant best-interests factors, organize the necessary evidence and develop a parenting proposal that responds to the child’s circumstances.

This article provides general legal information and is not a substitute for legal advice about a particular family.

How Bridgestone Law Can Help

Bridgestone Law assists parents in Calgary and throughout Alberta with parenting agreements, parenting-time disputes, decision-making responsibility and court applications.

We can help you understand how the best interests of the child test applies to your family, assess proposed parenting arrangements and present your concerns in a clear, child-focused manner. Where appropriate, we can also assist with negotiation or mediation aimed at reaching a practical agreement without a contested hearing.

When court involvement is necessary, Bridgestone Law can help prepare the evidence and advocate for an arrangement that protects your child’s safety, stability and overall well-being.