When facing separation or divorce, the most profound concern for any parent is the well-being of their children. While the question of laws surrounding child custody in Alberta is common, the answers aren’t always as straightforward as one would hope. That said, legal language has evolved to reflect a more nuanced, child-focused approach: decision-making responsibility and parenting time.
At BDL Family Law LLP, our child custody lawyers focus exclusively on crafting caring solutions that put your child’s needs first. Ensuring an understanding of the difference between these two topics—decision-making time and parenting time—is the first step in building a stable future for your family.
Decision Making vs. Parenting Time
The federal Divorce Act and Alberta’s Family Law Act have replaced the terms custody and access with new language that promotes cooperation and partnership. Our goal isn’t to win custody, but instead secure a division of these responsibilities that genuinely serves the child(ren).
Decision-Making Responsibility
This refers to the authority to make major decisions that affect your child’s well-being. This includes, but is not limited to, major decisions regarding:
- Health Care: Non-emergency medical treatments, choosing specialists.
- Education: School selection and extra-curricular activities.
- Cultural & Religious Upbringing: Spiritual development, language, and cultural activities.
Decision-making can be joint or sole. It is also possible to carve out certain decision-making responsibilities where one parent makes sole decisions about just education, for example. This is an exceptional remedy, however.
Parenting Time
This refers to the schedule and specific time a child spends with each parent. During their parenting time, a parent handles all day-to-day decisions (meals, homework, routine, etc.).
The Cornerstone of Alberta Family Law: The Child’s Best Interests
In every single decision regarding decision-making responsibility and parenting time, the court’s guiding principle is the best interests of the child. This standard supersedes the preferences or feelings of either parent.
Judges in Calgary consider a comprehensive list of factors to determine what arrangement best serves the child’s physical, psychological, and emotional safety and development. These critical factors include:
- The Child’s Need for Stability: The importance of maintaining the child’s established routines, environment, and relationships.
- Relationships: The strength and nature of the child’s relationships with each parent, siblings, and other significant people.
- Cooperation: Each parent’s ability and willingness to communicate, cooperate, and support the child’s relationship with the other parent.
- The Child’s Views: The child’s views and preferences are weighed according to their age and maturity.
- Family Violence: Any history of family violence, which fundamentally impacts the child’s safety and well-being.
Why Choose BDL Family Law LLP?
Navigating decision-making responsibility and parenting time requires expertise that goes beyond simply completing forms. Our child custody lawyers in Calgary combine a caring approach with strategic advocacy.
We focus on helping you find an equitable and practical arrangement outside of court through mediation or negotiation whenever possible. We specialize in drafting comprehensive parenting plans that clarify expectations on everything from holiday schedules to communication strategies, minimizing future conflict.
If litigation is necessary, our lawyers are skilled advocates, ensuring your side of the story—and your child’s best interests—are clearly and powerfully presented to the court. We are dedicated to finding solutions that promote your family’s long-term success and peace of mind.
Are you seeking a dedicated family lawyer to secure your child’s best interests in Calgary or surrounding Alberta communities? Contact BDL Family Law LLP today to book a confidential consultation and take the first step toward a stable parenting plan.
