When you and your spouse separate or divorce, there are many factors you’ll have to think about. Establishing decision-making responsibility (formerly known as custody) and parenting time (formerly access) when you share children is an important part of any divorce. However, the decision-making responsibility or parenting arrangement you created at the time of your separation may no longer reflect the needs of your family.
In Alberta, parents are able to modify existing decision-making responsibility or parenting orders in a variety of ways, depending on their situation. Understanding when this is appropriate, and how to do so, is the first step you can take in the process.
At Verhaeghe Law, our Edmonton decision-making responsibility lawyers have years of experience helping families navigate separation, divorce, decision-making responsibility, and other critical matters. To discuss changing your existing parenting order, schedule a consultation with our legal team today.
When Can You Modify a Decision-Making Responsibility or Parenting Order?
In Canada, decision-making responsibility refers to the legal authority of guardians to make important decisions about a child’s life. These decisions might cover key areas like:
- Education
- Extracurricular activities
- Healthcare
- Religion and cultural upbringing
- Travel
- And more
There are two main types of decision-making responsibility that parents may abide by: joint decision-making responsibility and sole decision-making responsibility. Regardless of the type of arrangement you have, you are entitled to request a change.
Decision-making responsibility can be modified if there is a significant change in circumstances that affects the best interests of the child. Section 34 of the Family Law Act stipulates that courts can vary, suspend, or end a parenting order if:
- The needs or circumstances of the child have changed significantly since the last order came into effect
- The existing order no longer serves the child’s best interests
There are many different situations that might affect the best interests of the child or alter their circumstances substantially. For example, many parents seek changes to their existing decision-making responsibility order when:
- A parent’s work schedule or living schedule has changed
- A child’s education or medical needs have changed
- A new, blended family has been formed
- There has been a violation of an existing order by one parent
- They are seeking protection from domestic violence or other dangerous activity
- And more
How to Modify a Decision-Making Responsibility or Parenting Order in Alberta
There are two main ways you can change an existing decision-making responsibility order in Alberta. The path you take will depend on whether you and the other parent are able to agree on the new arrangement.
If you can agree, you may create a Consent Order that outlines all the new terms of your parenting arrangement, including decision-making responsibility. Once this document is signed, you can submit it to a judge for approval where it will become legally binding.
In some cases, parents may seek mediation or alternative dispute resolution to help them agree to a new order before they seek court intervention. Professional mediators or family law lawyers can help you draft a new agreement while facilitating negotiations between you and the other parent.
If you cannot agree, you must apply to the court in Alberta and request a modification order. In doing so, the court will decide on a new parenting order based on the best interests of your child. To complete this process, you will need to:
- Fill Out All Required Forms: You’ll need to complete all necessary documentation and submit it to the court to begin the modification process, including:
- A claim in court to request the change
- A statement to vary parenting to explain why the change is necessary
- An Affidavit of Service to confirm the other parent has been notified
- And more
- File Your Application: Once all the necessary forms are complete, you can file your application for the modification order in court.
- Provide Evidence: You’ll need to provide evidence of the significant change in circumstances that has prompted your request for the modification. This might include:
- Your employment or financial records
- Medical reports
- Evidence of the other parent violating an existing order
- Testimony from teachers, doctors, or child psychologists
- And any other relevant evidence
The other parent, if they wish to resist the modification, will also have the opportunity to provide contradictory or alternative evidence. When providing evidence, you may need to attend a court hearing.
A judge will consider the evidence you provide and the best interests of your child when making a decision. If the judge approves your request for modification, a new parenting order will be issued and your decision-making responsibility arrangement will change. If the judge decides to deny the request, the previous order will remain in effect.
Looking to Modify Decision-Making Responsibility? Schedule a Consultation With Our Edmonton Family Lawyers Today
Modifying decision-making responsibility orders is possible in Alberta. However, your circumstances must have changed significantly and the best interests of your child must remain your top priority. By following the correct legal steps, you can feel confident throughout the modification process. To discuss your options, schedule a consultation with our Edmonton family lawyers at Verhaeghe Law today.