Parenting arrangements
The terms “custody” and “access” are no longer used in the new Divorce Act. Instead:
- Decision-making responsibility has replaced “custody”. This gives the spouse with the decision-making responsibility the right to get information about their children’s health, education, and well-being as well as other important factors such as language and religion. Decision-making responsibilities can be given to one spouse or shared between both parents.
- Parenting time has replaced “access” and provides the parent with parenting time the right to make day-to-day decisions about their child. During this time, they also have the right to get information about their children’s health, education, and well-being.
- Contact refers to time with a child involving someone who isn’t a spouse, such as a grandparent. A contact is not granted the right to make day-to-day decisions about the child or obtain information about the children’s health, education, and well-being.
Shared Parenting
There is a strong presumption in favour of shared parenting because the law considers it important for both parents to participate in a discussion about what is in the best interest of the child.
Occasionally, parents are awarded another type of decision-making regime referred to as parallel parenting. Parallel parenting is when one parent has decision-making authority over one specific set of issues and the other parent has decision-making authority over different issues. For example, one parent is awarded the right to make the decisions relating to the health and recreational activities of the children and the other parent is granted the authority to make education decisions for the children, both religious and scholastic. Parallel parenting is reserved for fairly extreme situations where the parents are both capable of making decisions in the best interests of the children but are completely unable to communicate with each other.
Children first
Regardless of parenting arrangement that is in place, if a parent believes that a decision is being made that is contrary to a best interest of the child he/she has the ability to make an application and have the court determine what should occur. As such, even parents with sole parenting do not have absolute power and there is a remedy available to a parent that does not have decision-making power.
Frequently Asked Questions
What factors do courts consider when determining child custody in Calgary?
Courts primarily focus on the best interests of the child. This includes factors such as the child’s physical and emotional well-being, the parent’s ability to care for the child, the child’s relationship with each parent, and any history of family violence or substance abuse.
In courts, “custody” refers to decision-making and responsibility, not where children reside. Legislation and courts have recently stopped using the term custody, replacing it instead with parenting time and decision-making power. However, the term child custody remains widely used by the general public.
Overall, the goal is to ensure a stable and supportive environment for the child.
How can I enforce a child custody order?
If the other parent is not complying with the child custody order, you can seek enforcement through the court. This may involve mediation, fines, or even changes to the parenting arrangement. Family lawyers Jones Divorce & Family Law in Calgary can help you navigate this process and advocate for your rights
Can both parents get shared parenting?
Yes, shared parenting is a common arrangement for many families. This arrangement requires a high level of cooperation and communication between the parents. Shared parenting does not necessarily mean equal time with each parent. The threshold for shared parenting is at least 40% of time spend in the care of one of the parents and the remainder in the care of the other.
How is parenting time determined?
Parenting time is determined based on the best interests of the child. Courts aim to ensure that the child maintains a meaningful relationship with both parents. The parenting schedule can be flexible or structured, depending on the family’s unique circumstances and the child’s needs.
What if one parent wants to relocate with the child?
If a parent wishes to move to a different city or province with the child, they must obtain consent from the other parent or a court order. The court will evaluate how the move will affect the child’s relationship with both parents, the reasons behind the relocation, and the potential benefits it may offer the child.
Can I modify a child custody agreement?
To modify an existing parenting agreement, you need to show that there has been a significant change in circumstances since the original order was made. This could include changes in employment, relocation, or changes in the child’s needs. An experienced family lawyer in Calgary can help you file the necessary paperwork and represent you in court.
How does domestic violence affect parenting decisions?
Domestic violence is a critical factor in parenting decisions. The court prioritizes the safety and well-being of the child, and a history of violence can impact parenting arrangements. Protective measures may be put in place to ensure the child’s safety during parenting time.
What is the role of a family lawyer in child custody?
A child custody lawyer provides legal advice and representation to parents seeking parenting time. They help you understand your rights and obligations, navigate the legal system, and advocate for your interests in court.
At Jones Divorce & Family Law, our caring and experienced lawyers in Calgary are highly experienced in child custody cases and are dedicated to helping you achieve the best outcome for your family.
