What does Joint Custody mean in Alberta?

Joint custody disagreements are very common during divorce proceedings and can be emotionally charged discussions. We recommend hiring a divorce lawyer if you and your spouse are having disagreements regarding your child custody arrangements. This article is not intended to act as legal advice but briefly goes over what joint custody means in Alberta.

In Alberta, a child is any person under the age of 18 and their custody or access are governed by

The federal Divorce Act when the parents are legally married and have started divorce proceedings under the Act; and
Alberta’s Family Law Act is available to both married and unmarried couples with children.

Sorting out the legalese

The legal jargon varies between Canada’s federal laws and Alberta’s provincial laws. The terms “access” and “parenting” refer to rights for parents to have time with the child in federal and provincial laws respectively.
Whereas custody relates to the ability of a parent to make daily and major decisions in relation to their child including their living arrangements and parenting schedules. The overarching principle in both laws are that all decisions involving the child are made in the child’s “best interests” factoring in their physical, psychological and emotional safety.

Joint custody: The most common arrangement

Joint custody is the most common arrangement in Alberta and ensures both parents have a clear voice in critical decisions regarding their child. The success of joint custody arrangements is highly dependent on the co-operation of both parents.

In most cases, joint custody is agreed upon by parents where the child’s best interests are always placed as the priority. In the absence of a parenting agreement or order, “joint custody” is the de facto arrangement where both parents make decisions about the child together and are entitled to spend time with them.

The parent with whom the child(ren) spend most of their time has “primary care and control” and from a practical perspective makes day to day decisions involving them. The other parent has “access” which means they spend time with the children and is responsible for day to day decisions when they are with them. For instance, the child could live with one parent 90% of the time and both parents still have joint custody, based on a joint decision to enable the child going to one school.

There are some rare situations where sole custody may be preferred. Even in such cases, the parent without custody may still have access to the child.

Determination by the Courts

If two parents can mutually agree on guardianship arrangements after separation, it is always helpful to document this understanding in a legally-binding parenting agreement. This written contract will address a variety of decisions including where the children will live and how each parent will care for and make decisions for the child, in their best interests. It takes into account practical considerations. It’s recommended each parent seek independent legal advice before signing a parenting agreement and the agreement can be made enforceable by filing a Consent Order with the Court.

In cases where parents cannot reach a mutual agreement or scenarios involving family violence and abuse, a judge can issue a Parenting Order. The Courts can determine custody according to a few key factors including but not limited to:

Primarily, the best interests of the children;
Each parent’s physical, mental and emotional health;
Child’s wishes, particularly after the age of 12;
If one guardian is intimidating the other or preventing them access to the child;
Potential for abuse or harm; and
More

The judge will apply the law depending on the circumstances of both parents and their ability to take decisions in the best interests of their child. Typically, even if one parent is granted “primary care”, the other parent can see the child and enquire about their care and well-being, depending on the circumstances.

Speak with an Edmonton family lawyer today regarding your parenting arrangement needs

At Verhaeghe Law Office, our Alberta family lawyers are experienced in assisting families navigate the legal complexities surrounding joint custody disputes. To better understand how we can assist with your parenting arrangements – contact our law firm today by calling 587-410-2500 and speak directly with a member of our legal team.

Note: This blog offers general information for your convenience and does not constitute legal advice. Family law can be complex and you’re encouraged to seek legal advice to better understand your rights and responsibilities as well as the rights of your children.

Ways to Make Joint Custody Work

Sharing custody of your children after a divorce is stressful for everybody involved, but it can be a lot worse if you are not prepared. Having to coordinate schedules, determining when the best times are for your children to visit each parent equally, dividing holiday time, and transporting your children between houses takes a lot of work to organize. If you are in the middle of a divorce or just entering joint custody for the first time, read below to ensure you, your ex-partner and your children are prepared for this new change.

Keep a Positive Attitude

It may be hard, but having a positive attitude when you are around your children and your ex-spouse goes a long way in keeping your children in better spirits. Even if you are by yourself with your children, never talk down about your ex-spouse when they are around. Children, especially if they are young, can pick up bad feelings about their other parent based on how you talk about them. At the end of the day, having joint custody is about making your children happy, so keep their emotions in mind every time you see them.

Be Open and Realistic About Your Schedule

If you and your ex-spouse lead very busy lives, you need to make sure you both know each other’s schedule to ensure your children get equal time with both of you. If you know you will be taking a business trip in a few months, ask your ex-spouse if you can see your children a bit more before and after the trip to make up for that time. You may also need to sacrifice some leisure activities to make time to see your children. Joint custody will require a lot of compromise and sacrifice, so make sure you and your ex-spouse know major events or trips to work around your schedules.

Keep an Open Channel of Communication

To ensure you are aware of each other’s schedule and if anything last minute comes up, you need to have open communication. With today’s technology, it’s very easy to keep in contact to discuss schedules and upcoming events. You can have email chains, Google Calendars or text as ways to keep in contact without calling or talking in person.

Listen to your Children

Your children will be going through a lot of emotions during your divorce as well. You should always listen to their concerns and ask them how they are doing. You should also be aware of their schedule. If they play sports during the week, you need to make sure somebody is available to take them to their games and practices. They may also want to go to birthday parties and sleepovers throughout the year that may compromise your joint custody schedule. When your children get older, you have to be supportive of their schedules when they start working part-time jobs and participating in other extracurricular activities.

With decades of experience in Child Custody matters, please feel free to Contact Us for more information.