Separation and divorce raise few questions more difficult than where a child will live and how parenting time will be divided between parents. Many people assume that Alberta courts start from a presumption of equal, 50/50 parenting. They do not. Under both the Divorce Act and Alberta's family legislation, the only question that ultimately matters is what arrangement serves the best interests of the child.
Whether you believe a shared parenting schedule is right for your family, or you think primary parenting with one parent as the main residence is more appropriate, it helps to understand how Alberta courts approach these decisions. Our Calgary family lawyer team at OP Lawyers LLP regularly help parents negotiate parenting plans and represent them in parenting disputes before the Alberta Court of King's Bench.
Understanding Parenting Arrangements in Alberta
Under Alberta family law and the federal Divorce Act, a parenting arrangement sets out how separated or divorced parents will share the care, upbringing, and decision-making responsibility for their children. A well-drafted parenting arrangement typically covers where the child will primarily live, how much parenting time each parent receives, how decisions about education, healthcare, religion, and extracurricular activities will be made, holiday and vacation schedules, and how parents will communicate with each other and with the child.
Many people still use the word "custody" out of habit, but Alberta law has moved away from that language. Both the Divorce Act and the Alberta Family Law Act speak in terms of parenting time and decision-making responsibility, reflecting a modern approach that encourages both parents to stay meaningfully involved in their children's lives whenever that serves the child's best interests.
What Is Shared Parenting?
Shared parenting describes an arrangement where both parents are substantially involved in raising their children. While every family's schedule looks different, shared parenting generally means the child spends at least 40 percent of their time with each parent, the same threshold used under the Federal Child Support Guidelines to determine how support is calculated.
Shared parenting is about more than splitting time evenly. It usually means both parents actively participate in major decisions affecting the child's life, including education, medical care, extracurricular activities, religious upbringing, and the child's overall development and well-being. The underlying goal is to let children maintain meaningful, ongoing relationships with both parents while benefiting from each parent's support and involvement.
What Is Primary Parenting?
Primary parenting means the child lives mainly with one parent, who takes on most of the day-to-day caregiving. The other parent remains involved through scheduled parenting time, holidays, weekends, or another agreed-upon schedule. Depending on the family's circumstances, major decisions may still be shared, or one parent may hold greater decision-making authority.
Primary parenting is not meant to diminish the other parent's role in a child's life. Rather, it is sometimes the arrangement that offers the most stability for a child given a family's particular circumstances, whether that relates to work schedules, geography, the child's age, or the parents' ability to cooperate.
Alberta Courts Focus on the Child's Best Interests
Many parents mistakenly assume Alberta courts begin with a presumption of equal parenting time. They do not. The governing principle, under both the Divorce Act and Alberta legislation, is always the best interests of the child. The court looks closely at each family's specific circumstances to determine which arrangement will best support the child's physical, emotional, psychological, and developmental needs.
The Alberta Court of King's Bench has repeatedly confirmed there is no one-size-fits-all parenting model. Every decision turns on the evidence presented and the individual child's circumstances, which is why working with an experienced Calgary family lawyer to properly present your case can make a meaningful difference in the outcome.
When Are Alberta Courts More Likely to Order Shared Parenting?
Shared parenting tends to work well when both parents are committed to cooperating and prioritizing their child's needs. Courts are generally more open to ordering shared parenting where several positive factors are present.
Both Parents Are Actively Involved. When both parents have historically played a significant role in raising the child and can show they are capable of meeting the child's daily needs, shared parenting becomes a realistic option. Courts look for evidence that both parents are responsible and committed to the child's development.
Parents Can Communicate Effectively. One of the strongest predictors of successful shared parenting is the parents' ability to communicate respectfully and cooperate. Parents do not need to be friends, but they should be able to discuss school issues, medical appointments, extracurricular activities, and schedule changes without ongoing conflict.
Strong Relationships with Both Parents. Courts favour arrangements that preserve important emotional bonds. Where children already have healthy, established relationships with both parents, maintaining those relationships through shared parenting often supports the child's emotional well-being.
There Is a History of Shared Care. If parents successfully shared parenting responsibilities before or after separation, courts are often reluctant to disrupt a stable arrangement that has already been working for the child.
Practical Schedules Support Shared Parenting. Work schedules, childcare arrangements, transportation, and school locations all factor into feasibility. When both parents can realistically meet the child's daily needs without frequent disruption, shared parenting becomes far more practical.
Shared Parenting Supports the Child's Lifestyle. Courts also consider whether shared parenting allows the child to keep participating in sports, cultural activities, family traditions, and relationships with grandparents, siblings, and extended family.
Children's Wishes. For older or more mature children, their preferences may be considered as one factor among many. While a child's wishes are not automatically determinative, Alberta courts recognize that mature children can offer valuable insight into what arrangement works best for them.
Expert Recommendations. Parenting assessments, psychologists, or Practice Note 7 reports may be used to evaluate a family's circumstances, and a professional recommendation supporting shared parenting can meaningfully influence a court's decision.
Our top family lawyers in Calgary can provide guidance related to parenting arrangements and suitability of shared parenting for your family.
When Is Primary Parenting More Appropriate?
Although Alberta law encourages children to maintain meaningful relationships with both parents wherever possible, shared parenting is not appropriate in every case. Courts may determine that primary parenting better serves a child's interests where there is high conflict between parents that has broken down communication and cooperation, safety concerns involving family violence, abuse, neglect, substance misuse, or serious mental health issues, attachment needs specific to infants and very young children who may not be well served by frequent transitions, instability in one parent's home due to frequent moves, financial instability, or inconsistent caregiving, significant distance between parents' homes that makes shared scheduling impractical for school and activities, or a lack of consistent involvement where one parent has historically exercised little parenting time or repeatedly failed to meet parenting responsibilities.
Decision-Making Responsibility
Parenting time and decision-making responsibility are related but distinct concepts under Alberta law. In many shared parenting arrangements, both parents jointly make major decisions about education, healthcare, religious upbringing, and significant extracurricular activities, while each parent independently handles routine, day-to-day decisions while the child is in their care. Under primary parenting arrangements, the primary parent often holds greater authority over long-term decisions, although the other parent is typically consulted whenever appropriate.
Parenting Arrangements and Child Support
Parenting arrangements directly affects child support obligations under the Federal Child Support Guidelines. In primary parenting situations, the parent with less parenting time generally pays child support according to the applicable support tables. Shared parenting arrangements, where a child spends at least 40 percent of their time with each parent, will result in a different calculation that accounts for both parents' incomes, the increased cost of maintaining two homes for the child, and each household's overall financial circumstances. Regardless of the parenting arrangement, both parents remain legally responsible for financially supporting their children.
Can Parenting Arrangements Be Changed?
Yes. Parenting arrangements are not set in stone. As children grow and family circumstances evolve, parenting orders may need to change too. Courts will consider variation applications where there has been a significant change in circumstances, such as a parent's relocation, changes in employment schedules, a child's evolving educational or medical needs, safety concerns, or a child's changing preferences as they mature. At OP Lawyers LLP, our Calgary Family Lawyers can provide guidance and clarity and whether your family has undergone a material change in circumstances that may result in changes to the parenting arrangement.
It is also worth knowing that Alberta's Court of King's Bench introduced a new Family Focused Protocol at the start of 2026, which requires most parents in Calgary, Edmonton, and Red Deer to complete alternative dispute resolution within six months of filing a contested parenting application before the matter can proceed toward a hearing. Alberta strongly encourages parents to resolve parenting disputes through negotiation or mediation before turning to the courts, and having knowledgeable legal guidance early on can help you meet these requirements while protecting your child's best interests.
How OP Lawyers LLP Can Help
Parenting disputes are often emotional and legally complex, and no two families' circumstances are exactly alike. There is rarely a single solution that fits everyone, which is why sound legal advice matters from the outset.
As a trusted Calgary family law firm, OP Lawyers LLP can help you develop a comprehensive parenting plan tailored to your family, negotiate an appropriate parenting agreement, resolve disputes through mediation and the new mandatory ADR process, apply to vary an existing parenting order as circumstances change, represent you in court when negotiation is not possible, and ensure any parenting arrangement reflects your child's best interests under Alberta legislation and the Divorce Act.
Parenting decisions affect families for years to come, and choosing the right legal team matters. OP Lawyers LLP is recognized among top family lawyers in Calgary for combining practical, child-focused advice with strong courtroom advocacy. Our team works closely with parents to find realistic, sustainable solutions while protecting their legal rights throughout the process. If you are facing a parenting dispute or need help negotiating a parenting arrangement, contact OP Lawyers LLP to speak with an experienced Calgary family lawyer about your options.
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.