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In our previous posts, we explored the fundamental aspects of divorce in Alberta, such as property division, preparing for a divorce, and an overview of relevant legislation. Now, we explore one of the most significant concerns for parents who separate or divorce in Alberta: determining the arrangements for their children. The Alberta legal system prioritizes the children’s best interests, focusing on maintaining stability and fostering healthy relationships with both parents whenever possible. 

Understanding the concepts of decision-making responsibility and parenting time is essential for creating a plan that works for your family.

Decision-Making Responsibility (Custody)

Decision-making responsibility, often called “custody,” involves the right and responsibility to make major decisions about a child’s life. These decisions can include matters related to:

  • Education (e.g., choosing schools, educational programs, or extracurricular activities).
  • Healthcare (e.g., medical treatments, selecting healthcare providers).
  • Religion and cultural upbringing.
  • Extracurricular activities or other significant lifestyle choices.

Types of Decision-Making Responsibility

There are two primary arrangements for decision-making responsibility:

  1. Joint Decision-Making Responsibility:
    • Both parents share the responsibility of making major decisions about their child’s life.
    • This arrangement requires open communication and collaboration.
    • Joint decision-making is often preferred when parents have an amicable relationship and can work together effectively.
  2. Sole Decision-Making Responsibility:
    • One parent has the authority to make major decisions about the child’s life without needing the other parent’s consent.
    • This arrangement may be appropriate when there is a high level of conflict, communication challenges, or safety concerns.

Best Interests of the Child

In Alberta, the “best interests of the child” is the guiding principle for all decisions related to custody and parenting time, as outlined in the Divorce Act (federal) and the Family Law Act (provincial). Factors considered include:

  • The child’s physical, emotional, and psychological needs.
  • The child’s relationship with each parent.
  • The stability of the child’s living arrangements.
  • Each parent’s ability to provide care and meet the child’s needs.
  • The child’s views and preferences depend on their age and maturity.

Parenting Time (Access)

Parenting time refers to the schedule for when each parent spends time with the child. This can include daily routines, holidays, and special occasions. Parenting time arrangements vary widely and are tailored to the family’s unique circumstances.

Common Parenting Time Schedules

  1. Equal Parenting Time:
    • Both parents share time with the child equally, such as a week-on, week-off schedule.
    • Works best when parents live close to each other and can cooperate effectively.
  2. Primary and Secondary Parenting Time:
    • One parent has the majority of parenting time, while the other has regular visits (e.g., every other weekend and one evening a week).
    • Common when parents live farther apart or have differing work schedules.
  3. Customized Schedules:
    • Tailored arrangements that account for the child’s school, extracurricular activities, and parents’ availability.

Holiday and Vacation Schedules

Special arrangements for holidays and vacations can be outlined in the parenting plan. These may include:

  • Alternating holidays (e.g., one parent has Christmas in even years, and the other has it in odd years).
  • Shared time during school breaks (e.g., splitting March Break).
  • Specific rules for extended vacations or travel.

Creating a Parenting Plan

A parenting plan is a written document that outlines the agreed-upon arrangements for decision-making responsibility and parenting time. It provides clarity and reduces conflict by setting clear expectations. Parenting plans are encouraged under both the Divorce Act and the Family Law Act.

Decision-Making Responsibilities

Creating a parenting plan involves defining clear roles and responsibilities for each parent, ensuring that both parties know their obligations and privileges during and after the divorce. Decision-making responsibilities are a critical component of the plan. This section outlines who will make major decisions about the child’s education, healthcare, and other significant matters. For example, parents might agree that one parent can make healthcare and educational decisions jointly. Having these roles clearly documented avoids potential confusion or disputes in the future.

Parenting Time Schedule

The parenting time schedule is another foundational aspect of the plan. This section should include regular day-to-day schedules, as well as specific arrangements for holidays, vacations, and special occasions. Parents can also address potential contingencies, such as handling unexpected changes to the schedule due to work commitments or emergencies. Detailed schedules provide predictability for the child and parents, helping everyone adjust to the new family dynamic more effectively.

Communication Guidelines

Communication guidelines are also essential in a parenting plan. These guidelines establish how parents will communicate about their child through email, text messages, or scheduled phone calls. This structure is particularly useful in high-conflict situations, as it minimizes misunderstandings and ensures that important information about the child is shared effectively. For example, parents may agree to share updates about the child’s school performance, health, or extracurricular activities via a shared online platform.

Conflict Resolution and Flexibility

Lastly, a parenting plan should include provisions for conflict resolution and flexibility. No plan can account for every possible scenario, so it is important to specify how disputes will be handled. Parents might agree to mediation or consult a family lawyer to resolve disagreements. Additionally, the plan should allow for adjustments as the child grows or circumstances change. For instance, as a child enters their teenage years, their preferences regarding schedules or living arrangements might evolve, requiring updates to the plan.

Resolving Disputes

Despite the best intentions, disagreements can arise regarding decision-making and parenting time. Resolving these disputes promptly and constructively is crucial for the child’s well-being.

Negotiation and Mediation

Mediation involves a neutral third party who helps parents reach an agreement. This process is often quicker and less adversarial than going to court. Mediation is an increasingly popular approach to resolving parenting disputes, reflecting the growing emphasis on collaborative family law. Unlike traditional court proceedings, mediation fosters open communication and minimizes adversarial interactions, making it particularly effective for families navigating sensitive issues.

Legal Advice and Court Applications

If mediation fails, seeking legal advice can help you understand your rights and options. Having an experienced family litigator is crucial when disputes escalate to court. A knowledgeable lawyer can present your case effectively, ensuring the court fully understands your position and how it aligns with the child’s best interests. They can also navigate the complexities of family law, address procedural requirements, and advocate for outcomes that protect your parental rights and foster your child’s well-being. The courts will always prioritize the child’s best interests when making decisions about custody and parenting time, and having strong legal representation can make a significant difference in achieving a fair and favourable resolution.

Adapting to Changing Circumstances

As children grow and family dynamics change, parenting arrangements may need to be updated. Examples include:

  • Changes in a parent’s work schedule or living situation.
  • The child’s evolving needs and preferences.
  • New partners or blended family situations.

Parents can negotiate adjustments or seek a court order to modify the arrangements when significant changes occur.

Supporting Your Child Through the Process

Separation and divorce can be challenging for children, often requiring adjustments to new routines, environments, and family dynamics. Parents play a vital role in ensuring their children feels supported during this time. Open communication is key—listening to your child’s feelings and concerns helps validate their emotions and fosters trust. Providing consistent reassurance and stability, such as maintaining familiar routines, can help the child feel secure. It is also helpful to shield children from conflict; avoiding negative comments about the other parent and refraining from involving them in disputes preserves their emotional well-being. Encouraging a positive relationship with both parents reinforces the idea that they are loved and cared for by both sides, even in a separate family structure. By prioritizing the child’s emotional and psychological health, parents can create an environment where their child feels supported, valued, and resilient despite the changes they may face.

Contact Mincher Koeman for Trusted Guidance Throughout Your Divorce Journey

Navigating decision-making responsibility and parenting time can be complex, but understanding your rights and responsibilities is the first step toward creating a plan that prioritizes your child’s well-being. Whether you need a separation agreement or to resolve disputes, our team of experienced family lawyers are here to support you. With years of experience and a commitment to your best interests, Mincher Koeman can help you navigate the complexities of divorce and family law. Contact us today for a confidential consultation by calling 403-910-3000 or online. Let us help you confidently navigate divorce and minimize its emotional and financial impact.

A team above all. Above all a team.

Calgary Office

707 7 Ave SW #1300,
Calgary, AB T2P 3H6

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621 10 St #101
Canmore, AB T1W 2A2

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