Family Law Updates 2026: Understanding the New Alberta Family Law Landscape

The Most Significant Family Law Reform in Decades

On March 1, 2021, Canada implemented the most comprehensive amendments to the Divorce Act since its enactment in 1985. These changes fundamentally transformed how courts approach parenting disputes, how family violence is addressed, and how relocation decisions are made. For Alberta families, these amendments work alongside provincial legislation including the Family Law Act and the Family Property Act to create a more child-focused, safety-conscious family law system.

The amendments were driven by extensive consultation with family law professionals, domestic violence experts, and Canadians who had experienced the family justice system firsthand. The resulting changes reflect a modern understanding of child development, the dynamics of family violence, and the importance of putting children's needs at the centre of all decisions.

Whether you are considering separation, currently going through a divorce, or seeking to vary an existing order, understanding these changes will help you navigate the Alberta family court system more effectively. An experienced Edmonton family lawyer can help you understand how these reforms apply to your specific situation.

From Custody and Access to Parenting Orders: Understanding the New Terminology

One of the most visible changes in the amended Divorce Act is the shift away from traditional custody and access terminology. The terms "custody" and "access" are no longer used in the legislation, replaced by terminology that better reflects the ongoing parental responsibilities that continue after separation.

Parenting Orders Replace Custody Orders

The new framework uses "parenting orders" as the umbrella term for arrangements involving children. A parenting order may address:

• Parenting time: The time a child spends with each parent, including details about schedules, holidays, and special occasions
• Decision-making responsibility: The authority to make significant decisions about the child's well-being, including decisions about health care, education, religious or spiritual upbringing, extracurricular activities, and language

Why the Change Matters

The terminology shift is more than semantic. The old "custody" language implied ownership or control over children, which often intensified conflict between parents. "Access" suggested a visitor status that failed to recognize the importance of both parents' ongoing relationships with their children.

The new terminology emphasizes that both parents typically continue to have parenting responsibilities after separation. It encourages parents to focus on the time they each spend with their children and the decisions they need to make together, rather than on "winning" or "losing" custody.

For parents with existing custody and access orders, these orders remain valid. However, if you need to vary an existing order, the new terminology will be used. Understanding the current language helps you communicate effectively with your lawyer and the court.

Decision-Making Responsibility in Practice

Decision-making responsibility can be allocated in several ways:

• Joint decision-making: Both parents must agree on significant decisions
• Sole decision-making: One parent has authority to make decisions without the other's consent
• Divided decision-making: Each parent has authority over certain categories of decisions (for example, one parent decides on education while the other decides on extracurricular activities)
• Day-to-day decisions: Regardless of decision-making allocation, each parent makes routine decisions during their parenting time

Creating an effective parenting plan requires careful consideration of how these decisions will be made and what processes parents will use to resolve disagreements.

The Best Interests of the Child: A Comprehensive Framework

The best interests of the child has always been the paramount consideration in custody decisions. However, the 2021 amendments provide significantly more guidance on what factors courts must consider when making this determination.

Primary Consideration: Safety and Well-Being

Section 16 of the Divorce Act now explicitly states that the court must give primary consideration to the child's physical, emotional, and psychological safety, security, and well-being. This elevation of safety to primary status reflects modern understanding of how exposure to conflict and violence affects children's development.

Mandatory Factors for Consideration

The Divorce Act sets out a non-exhaustive list of factors that courts must consider:

Past Parenting Conduct

The amendments clarify that courts should not consider past conduct of a parent unless it is relevant to their ability to act as a parent. This means that marital misconduct, such as adultery, is generally not relevant to parenting decisions unless it directly affects the children. However, a parent's conduct that demonstrates their parenting abilities or their approach to meeting the child's needs is always relevant.

Maximum Contact Principle

While the amendments retained the principle that children should have maximum contact with each parent consistent with their best interests, this principle is now explicitly subordinate to safety considerations. Courts can and must limit contact where there are family violence concerns or other factors that would make maximum contact contrary to the child's best interests.

For guidance on how custody decisions are made in Alberta under this framework, consult with an experienced family lawyer who can assess how these factors apply to your situation.

Family Violence: A Comprehensive Legal Definition

The 2021 amendments introduced a comprehensive definition of family violence into the Divorce Act for the first time. This definition recognizes that family violence encompasses far more than physical abuse and that exposure to violence between family members can be just as harmful to children as direct abuse.

What Constitutes Family Violence

Under section 2 of the Divorce Act, family violence includes:

• Physical abuse: Any use of physical force, including hitting, pushing, choking, or restraining
• Sexual abuse: Any non-consensual sexual activity or conduct
• Threats: Threats to kill or cause bodily harm to any person, including threats to harm pets
• Psychological abuse: Patterns of behavior intended to intimidate, harass, or humiliate, including stalking and repeated following
• Financial abuse: Unreasonable denial or control of finances, coerced debt, or intentional property damage
• Coercive and controlling behavior: Patterns of behavior designed to dominate, isolate, or control a family member through fear
• Conduct causing fear: Any conduct that causes a family member to fear for their own safety or the safety of another person

Exposure to Family Violence

Critically, the definition includes a child's direct or indirect exposure to family violence. This means that even when violence is directed at another family member (such as one parent toward the other), the impact on the child must be considered. Research consistently shows that children who witness family violence suffer significant psychological harm, even when they are not the direct targets.

Mandatory Court Considerations

When family violence is present, courts must consider:

• The nature, seriousness, and frequency of the violence
• Whether there is a pattern of coercive and controlling behavior
• Whether the violence was directed toward the child or whether the child was exposed to violence directed toward another person
• The physical, emotional, and psychological harm to the child
• Any compromise to the safety of the child or other family member
• Whether the violence causes the child or other family member to fear for their own safety or another person's safety
• Any steps the violent family member has taken to prevent further violence
• Any other relevant matter

If you are experiencing family violence, our family violence protection resources can help you understand your options, including protection orders.

The New Relocation Framework

Perhaps no area of family law generated more inconsistent results than relocation cases before the 2021 amendments. The new legislation creates a clear framework for handling situations where a parent wishes to move with a child in a way that would significantly affect the child's relationship with the other parent.

What Constitutes a Relocation

A "relocation" is a change of a child's place of residence that is likely to have a significant impact on the child's relationship with another person who has parenting time, decision-making responsibility, or contact with the child under a court order or agreement. Local moves that do not significantly affect the child's relationships are not subject to the relocation framework.

Notice Requirements

A parent who intends to relocate must provide at least 60 days written notice to every person who has parenting time, decision-making responsibility, or contact with the child. The notice must include:

• The expected date of the relocation
• The address of the new place of residence and contact information
• A proposal for how parenting time, decision-making responsibility, or contact could be exercised after the relocation

The notice must be provided using the prescribed form (Form 1), which is available on the Department of Justice website. In exceptional circumstances, such as where there is family violence, a court may waive or modify the notice requirements.

Objection Process

A person who receives a relocation notice has 30 days to object by filing a prescribed objection form (Form 2) with the court and providing a copy to the relocating parent. If no objection is filed within 30 days, the relocating parent may proceed with the move. If an objection is filed, the relocating parent cannot move with the child until the matter is resolved by agreement or court order.

Burden of Proof

The burden of proof in relocation disputes depends on the existing parenting arrangement:

• Substantially equal parenting time: The relocating parent must satisfy the court that the relocation is in the best interests of the child
• Majority parenting time: The objecting person must satisfy the court that the relocation is not in the best interests of the child
• Primary caregiver with majority time: The parent objecting to the relocation bears the burden of showing it is not in the child's best interests

Factors in Relocation Decisions

In addition to the general best interests factors, courts considering relocation must also consider:

• The reasons for the relocation
• The impact on the child
• The amount of time each person currently spends with the child
• Whether the relocation notice requirements were complied with and, if not, the reasons
• The presence or absence of family violence
• Whether there is an order restricting the child's geographic area

For more detailed information about Alberta's approach to these situations, see our child relocation rules guide.

Certification Requirements for Family Law Lawyers

The 2021 amendments introduced new professional obligations for lawyers handling divorce matters. These requirements are designed to promote the use of family dispute resolution processes while ensuring that safety concerns are appropriately addressed.

Lawyer's Duties

Before filing or defending a divorce application, lawyers must certify that they have:

• Informed their client about family dispute resolution processes that might help resolve matters
• Encouraged their client to resolve matters through family dispute resolution processes where appropriate
• Informed their client about resources to address family violence, where applicable

Family Dispute Resolution Processes

The term "family dispute resolution process" includes negotiation, mediation, collaborative law, and other processes outside of court. Alberta offers numerous dispute resolution options that can help families reach agreements more quickly and with less conflict than traditional litigation.

However, alternative dispute resolution is not appropriate in all cases, particularly where there are power imbalances or family violence. A skilled family lawyer will assess whether these processes are suitable for your situation and ensure your safety is protected. See our guide on mediation versus court to understand the differences.

Recent Alberta Court of Appeal Decisions

Since the 2021 amendments came into force, Alberta courts have been interpreting and applying the new provisions. Several Alberta Court of Appeal decisions have provided important guidance on how these changes affect family law practice in our province.

Best Interests Analysis

Alberta appellate courts have emphasized that trial judges must conduct a thorough analysis of all relevant best interests factors, not merely list them. Decisions that fail to adequately address the statutory factors or that give insufficient weight to safety considerations may be overturned on appeal.

Family Violence Findings

Recent decisions have clarified how courts should approach family violence allegations. Courts must make specific findings about whether family violence occurred and, if so, assess its impact on the child and on the ability of the violent parent to care for the child. The definition's broad scope, including psychological abuse and coercive control, has been applied in Alberta cases.

Relocation Decisions

Alberta courts have applied the new relocation framework in numerous cases, providing guidance on how the burden of proof operates in practice and how courts should balance the various factors. The emphasis remains on the child's best interests, with the statutory framework providing structure for that analysis.

Variation Applications

For parents seeking to change existing orders, courts have confirmed that the 2021 amendments do not automatically entitle parties to vary orders simply because the law has changed. A material change in circumstances is still required, but the new factors will be applied in assessing whether a variation is warranted.

Understanding how to appeal a family court decision requires knowledge of these recent developments and how appellate courts are reviewing trial decisions.

Child Support Table Updates

While not part of the Divorce Act amendments, the Federal Child Support Tables are updated periodically to reflect changes in federal and provincial tax rates. Alberta lawyers and parents must ensure they are using the most current tables when calculating or reviewing child support.

The most recent table updates ensure that child support amounts properly account for the actual cost of raising children in today's economy. If your support order was made using older tables, you may be entitled to an adjustment.

For families with special needs children or where support continues for adult children, the calculations can be more complex and may require professional assistance.

Alberta Court Procedure Updates

Alberta courts have continued to modernize their procedures, making the family justice system more accessible while maintaining the protections parties need.

Electronic Filing

Electronic filing is now standard practice in Alberta family courts. Documents can be filed through the eCourt system, reducing delays and making it easier for parties and their lawyers to manage proceedings efficiently.

Virtual Hearings

Virtual hearings through Microsoft Teams or WebEx have become a permanent feature of Alberta family courts. While complex trials may still proceed in person, many procedural matters, case conferences, and even some contested hearings can be conducted virtually, saving parties travel time and costs.

Our remote court guide can help you prepare for virtual proceedings.

Early Intervention Case Conferences

Alberta has enhanced its early intervention programs to encourage resolution before parties become entrenched in litigation. Family Docket Court and case conferences provide opportunities for judicial guidance early in proceedings.

Understanding these procedures is essential for anyone navigating the family court process in Alberta.

Practical Implications for Alberta Families

These legislative changes have real-world implications for families going through separation and divorce:

Frequently Asked Questions