When parents separate or get a divorce, one of the first questions they face is:
What happens with the kids?
This can feel like the most overwhelming piece of the new puzzle. These terms can feel overwhelming and confusing – especially when most people still use the word “custody,” while courts now focus more on “parenting time” and decision-making.
Understanding how Child Custody VS Parenting Time all works helps parents reduce overall confusion, protect their children’s mental, emotional and physical well-being, and navigate negotiations more confidently, rather than from a place of fear.
At Mincher Koeman, we support families through these decisions every single day, and we offer clear guidance when things feel uncertain.
Here’s a brief glance at what Child Custody VS Parenting Time actually entails…
What’s the Difference?
Parenting Time (formerly called “access”)
Parenting time refers to when the child is in each parent’s care after a separation or divorce.
This includes:
- Day-to-day responsibilities during that time
- Routines, meals, activities, and supervision
- Meaningful contact and ongoing involvement with both parents
Parenting time is about where the child is and when.
Custody (now decision-making responsibility)
“Custody” is no longer the modern legal term, but people still use it – which is why the distinction matters.
Decision-making responsibility refers to who makes major decisions about a child’s life, including:
- Education
- Health care (mental, physical, emotional)
- Religion or cultural upbringing
- Extracurricular commitments
A parent may have sole, joint, or divided responsibilities, depending on what best serves the child.
How Do Courts Determine These Arrangements?
Alberta courts focus on one thing: the best interests of the child.
To decide parenting time and decision-making, they consider:
- All the child’s needs, necessities, stability, and routine requirements
- Each parent’s ability (physical, financial, mental) to care for the child
- How well the parents can communicate or cooperate together
- Any history of family violence
- The child’s wishes (which is dependant on age and maturity)
- The importance of ensuring and maintaining strong relationships with both of the childs parents.
In many of these cases, parents can build a tailored parenting plan together (with legal guidance) and move forward as a co-parenting team to ensure a transparent and supportive process for their children.
In other cases – especially where there may be conflict, disagreement, or safety concerns – the court then becomes more involved to ensure all plans are implemented and upheld by the law.
When One Parent Wants to Move
This can be a challenge to navigate without the right guidance; however, if a parent wants to relocate with a child – to another city, province, or country – they typically cannot move or relocate without the other parent’s written consent or an official court order.
A move is a “material change” because it affects:
- Parenting time
- Access to the child
- School, community, and stability
The parent seeking to move must apply to court, and the judge will consider:
- How the move impacts the child
- Whether the move benefits the child, not just the parent
- How feasible it is to maintain relationships and routines
Mobility cases are often complex. Skilled representation is essential.
What About the Grandparents?
It is important to know that grandparents do not have automatic rights to parenting time.
However, courts may grant contact if:
- It is in the child’s best interest.
- If the relationship provides stability or emotional support more than the parents do.
These applications are sensitive and require strong evidence.
Updating an Existing Order
Life changes – and so can parenting arrangements.
Courts may vary an order when:
- A parent’s work schedule shifts or changes
- A child’s needs change
- Safety issues arise
- One parent relocates
- Communication becomes unworkable
At Mincher Koeman, we help parents update, enforce, or clarify these existing agreements.
How Mincher Koeman Can Support You & Your Family
Our team offers experienced help with:
- Parenting time schedules
- Decision-making responsibility
- Mobility and/or relocation issues
- Negotiation and mediation
- Parent coordination for ongoing conflict
- Court representation when agreements cannot be reached
We help families understand the law, make practical decisions, and protect their children during transition.
Book a Consultation with Mincher Koeman
If you need guidance navigating Child Custody VS Parenting Time, or support with parent coordination, parenting plans, or custody agreements, our team always is here to help.
Contact Mincher Koeman today and let us help you build clarity, stability, and a path forward for you and your family.
