When parents separate, the first question is almost always the same: what happens to the children? Many people still ask about "custody," but Alberta law no longer uses that word in most cases. Courts now decide two related issues: parenting time (when the child is in each parent's care) and decision-making responsibility (who makes the major decisions about the child's life).
There is also no automatic rule that one parent "wins" or that time is split 50/50, also known as shared parenting. Every arrangement is measured against one standard: the best interests of the child. At OP Lawyers LLP, our Calgary family lawyers help parents understand how that standard applies to their family, and how to build a parenting plan that works in real life.
Which Law Applies?
Parenting arrangements in Alberta are governed by two main statutes:
- The Divorce Act (Canada) applies to married spouses who are divorcing
- The Family Law Act (Alberta) applies to unmarried parents, including those in an Adult Interdependent Relationship (common-law)
Under the Family Law Act, parents are usually both guardians of their child, which gives each of them rights and responsibilities for the child's care and upbringing. However, guardianship is not automatic. The Divorce Act uses the terms parenting orders, parenting time and decision-making responsibility.
Terminology differs slightly between the two statutes, but the guiding principle is the same under both: the best interests of the child come first, ahead of either parent's wishes.
The Best Interests of the Child Test
The court's primary consideration is the child's physical, emotional and psychological safety, security and well-being. To assess this, Alberta courts look at a range of factors, including:
- The child's age, stage of development and specific needs
- The history of care, meaning who has been doing the day-to-day parenting before and after separation
- The strength of the child's relationship with each parent, siblings, grandparents and extended family
- The stability of each parent's home and the child's need for routine
- Each parent's ability and willingness to care for the child and meet their needs
- Each parent's willingness to support the child's relationship with the other parent
- The child's cultural, linguistic, religious and spiritual upbringing
- The child's views and preferences, given weight according to their age and maturity
- Any history of family violence and its impact on the child's safety
No single factor decides the outcome. The court weighs the evidence as a whole, which is why the way a case is prepared and presented matters. In some cases, the court may order a parenting assessment or a Practice Note 7 intervention, where a psychologist or other professional evaluates the family and makes recommendations.
Parenting Time: Shared or Primary?
Many parents assume Alberta courts start from a presumption of equal parenting time. They do not. The law favours children having as much time with each parent as is consistent with their best interests, but what that looks like depends on the family.
Shared parenting generally means the child spends at least 40% of their time with each parent, such as week-on/week-off or a 4-3 split. Courts are more likely to order shared parenting when both parents have been actively involved, can communicate without ongoing conflict, and live close enough that school and activities are not disrupted.
Primary parenting means the child lives mainly with one parent and spends regular scheduled time with the other, for example every other weekend plus a midweek visit. This may be more appropriate where there is high conflict, safety concerns, a significant distance between homes, a very young child with specific attachment needs, or a history of one parent having limited involvement.
The parenting schedule also affects child support. Under the Federal Child Support Guidelines, a shared arrangement (40% or more) changes how support is calculated.
Decision-Making Responsibility
Separate from the schedule, the court decides who makes major decisions about education, health care, religion and significant extracurricular activities. The options include:
- Joint decision-making: both parents consult and decide together. Courts prefer this where parents can cooperate.
- Sole decision-making: one parent decides, usually where communication has broken down or there are safety concerns.
- Divided decision-making: each parent is responsible for specific areas, such as one for education and the other for health care.
Day-to-day decisions are generally made by whichever parent the child is with at the time.
How Parenting Arrangements Are Reached
Most parenting arrangements in Alberta are not decided by a judge. They are usually achieved in one of these ways:
- Negotiated agreement. Parents, often with the help of their lawyers, agree on a parenting plan. The plan can be written into a parenting agreement or filed as a consent court order.
- Mediation or collaborative law. A neutral mediator helps parents work through disagreements. These processes are usually faster, less costly and less stressful for children.
- Court application. If parents cannot agree, either can apply for a parenting order. Parents are required to complete the Parenting After Separation course first. Since the start of 2026, the Court of King's Bench's Family Focused Protocol also requires parents in Calgary, Edmonton and Red Deer to attempt alternative dispute resolution within six months of filing a contested parenting application.
Parenting orders are not permanent. If there is a material change in circumstances, such as a relocation, a new work schedule or a child's changing needs, either parent can apply to vary the order. Once an order is in place, both parents must follow it, and the court can enforce it.
How OP Lawyers LLP Can Help
Parenting disputes are emotional, and no two families are the same. Early legal advice can help you understand your options, avoid costly mistakes and focus on what matters most: your children.
At OP Lawyers LLP, our Calgary family lawyers can help you:
- Understand your rights and obligations under the Divorce Act and the Family Law Act
- Develop a parenting plan that fits your family's schedule and your child's needs
- Negotiate a parenting agreement or resolve disputes through mediation and the Family Focused Protocol
- Apply for, vary or enforce a parenting order
- Represent you in the Alberta Court of Justice or the Court of King's Bench when agreement is not possible
If you are separating or facing a parenting dispute, contact OP Lawyers LLP to book a consultation with an experienced Calgary family lawyer.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified Calgary family lawyer at OP Lawyers LLP or another legal professional.