Child Custody Explained: Alberta 2026 Guide
Understanding guardianship, parenting time, and decision-making for children in Alberta family law.
1. Understanding the Terminology
Alberta's Family Law Act uses modern terminology that differs from the older "custody" and "access" language, though these terms are still commonly used.
Guardianship
The authority and responsibility to make major decisions for a child, including:
- Day-to-day care
- Education decisions
- Healthcare decisions
- Religious upbringing
- Extracurricular activities
Parenting Time
The time a child spends in the care of a guardian, including:
- Regular weekly schedule
- Holidays and special occasions
- Summer vacation time
- Transportation arrangements
Key Point:
Both parents are usually guardians automatically (joint guardianship). What typically needs to be determined is how parenting time is divided and how specific decisions will be made.
2. Types of Custody Arrangements
Shared Parenting (50/50)
Child spends equal or near-equal time with both parents. Both parents have full guardianship rights. Requires strong parental cooperation.
Primary Residence with One Parent
Child primarily lives with one parent but has regular parenting time with the other. Both parents typically remain guardians with shared decision-making.
Sole Guardianship
One parent has sole decision-making authority. The other parent may have parenting time (visitation) but not guardianship rights. Usually ordered only in cases involving safety concerns.
Parallel Parenting
Each parent makes day-to-day decisions during their parenting time. Major decisions may be divided between parents or require court involvement. Used when parents cannot cooperate.
3. Best Interests of the Child
Alberta courts always prioritize the best interests of the child. Factors considered include:
Child's Needs
Physical, emotional, and psychological needs of the child at different stages of development.
Relationship with Each Parent
The nature and quality of the child's existing relationship with each parent.
Parenting Ability
Each parent's ability to provide for the child's needs and support their development.
Stability
The benefit of stability and continuity in the child's life (school, friends, community).
Family Violence
Any history of family violence and its impact on safety and well-being.
Child's Views
The child's preferences, considering their age and maturity.
4. The Custody Process
How custody is determined in Alberta:
1. Agreement Between Parents
If parents can agree, they can create a parenting plan or consent order without a trial. This is the fastest, least expensive, and usually best outcome for children.
2. Mediation
A neutral mediator helps parents reach agreement. Courts often require attempted mediation before proceeding to trial.
3. Custody Evaluation
In disputed cases, the court may order a parenting assessment by a psychologist or social worker who interviews parents and children and makes recommendations.
4. Trial
If parents cannot agree, a judge decides based on evidence presented. This is typically the most expensive and time-consuming option.
5. Modifying Custody Orders
Custody arrangements can be changed if there's a material change in circumstances. Examples include:
- One parent relocating
- Change in work schedules
- Child's changing needs as they age
- Safety concerns arising
- Child's expressed preferences (as they mature)
To modify a custody order, you must apply to the court and demonstrate both that circumstances have changed and that the proposed change is in the child's best interests.
6. Frequently Asked Questions
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