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Parenting arrangements and parenting disputes

Every decision about parenting after separation is made by the same measure: the best interests of the child. We help parents reach workable parenting plans and, when necessary, present their case in court or arbitration.

The Divorce Act now uses the terms parenting time and decision-making responsibility rather than custody and access. Alberta’s Family Law Act uses guardianship and parenting orders. Whatever the terms, the question is the same: what arrangement best serves this child’s physical, emotional and psychological safety, security and well-being.

What a parenting plan covers

  • The regular schedule, holidays and special occasions
  • Who makes decisions about health, education, religion and activities
  • How the parents communicate, and how exchanges happen
  • Travel, passports and moving with the child
  • How disagreements will be resolved in future

When parents cannot agree

Parenting disputes can be resolved through negotiation, mediation, parenting coordination, arbitration or a court application. Where there are safety concerns, urgent applications are available. We help you choose the process that fits the level of conflict and the urgency.

Moving with a child

A parent who plans to relocate with a child generally must give the other parent written notice in advance, at least 60 days under the Divorce Act. The other parent can object, and the court decides based on the child’s best interests. Get advice before you commit to a move.

Changing an existing order

Parenting orders can be changed when there has been a material change in circumstances. We assess whether your situation meets that test and what evidence the court will expect.

How a parenting matter usually proceeds

  1. Consultation

    We learn about your children, the current arrangement and any concerns.

  2. Proposal

    We prepare a parenting proposal focused on the children’s needs.

  3. Negotiation or ADR

    We negotiate directly or through mediation or arbitration.

  4. Order or agreement

    The result is recorded in a parenting plan, consent order or court order.

Frequently asked questions

At what age can a child decide where to live?

There is no fixed age in Alberta. A child’s views are considered, with more weight as they get older and more mature, but the court decides based on the child’s best interests.

Is a 50-50 schedule the default?

No. There is no automatic presumption of equal time. Many families do share time equally, but the arrangement must suit the child.

What if the other parent is not following the order?

There are court procedures to enforce parenting orders. Keep a record of what has happened and get advice before taking matters into your own hands.

Talk to a lawyer about your situation

Book a consultation online, or call us at 587-393-3958, Monday to Friday, 9:00 a.m. to 5:00 p.m.

The information on this page is general information, not legal advice, and may not reflect recent changes in the law. Contacting UMPC Law does not create a lawyer–client relationship.