Decision-Making Responsibility Lawyers Edmonton

When parents separate or divorce, one of the most important things they have to decide will be who’s responsible for making key decisions about their children’s upbringing. Although this process is commonly referred to as child custody, as of 2019, the Divorce Act was amended to modernize family law terminology in Canada. Now, the legal system refers to custody as decision-making responsibility, which relates to the authority to make major decisions regarding a child’s welfare.

At Verhaeghe Law, our experienced decision-making responsibility lawyers in Edmonton can help you understand your rights and responsibilities as a parent and work towards an arrangement that best serves your children’s needs. If you’re wondering about your legal options, call us at (587) 410-2500 or contact us online today.

What is Decision-Making Responsibility (Formerly Custody)?

In Canadian family law, decision-making responsibility refers to the authority a parent has to make important decisions about a child’s life. This concept covers key aspects of a child’s upbringing, including:

• Education
• Healthcare
• Religion
• General welfare
• And more

It’s important to note that decision-making responsibility is distinct from parenting time, which refers to the amount of time each parent spends with their children. A parent can have substantial parenting time without having the authority to make major decisions for the child. 

Types of Decision-Making Responsibility in Edmonton

There are several types of decision-making responsibility arrangements available to families in Edmonton and throughout the rest of Alberta. The most appropriate form will depend on your family’s circumstances and the best interests of your child. They include:

1. Sole Decision-Making Responsibility

Through sole decision-making responsibility, one parent retains all rights relating to the upbringing and well-being of the child. They will be responsible for any fundamental decisions in the child’s life. 

The parent without decision-making responsibility may express their opinions on key issues. They also retain the right to remain informed on any major decisions. However, they cannot make any final decisions. 

2. Joint Decision-Making Responsibility

With joint decision-making responsibility, both parents have equal rights when it comes to making important decisions for the child. To gain joint decision-making responsibility, parents must be able to cooperate to serve the best interests of the child. Both parties must be willing and able to communicate with one another and avoid significant conflict when it comes to parenting decisions. If parents are unable to work together, a court will most likely not grant joint decision-making responsibility. 

3. Split Decision-Making Responsibility

This type of decision-making responsibility is often relevant when there is more than one child involved. Both parents can have sole decision-making responsibility over one or more than one of the children. For example, a son could choose to live with their mother while a daughter could choose to live with their father. 

This type of decision-making arrangement is quite rare. This is because courts are often reluctant to separate siblings during a divorce or separation. Usually, if split decision-making responsibility is enacted, it will be because the children were deemed old enough to choose who they want to live with. 

In addition, split decision-making responsibility may be designed in a way where authorities are divided. For example, one parent may have authority over the child’s education, while the other may handle healthcare decisions. This arrangement may be beneficial when each parent has particular strengths in certain areas of the child’s life.

How is Decision-Making Responsibility Determined?

In Edmonton and throughout Alberta, decision-making responsibility can be determined in three separate ways:

1. Agreement Between Parents

Typically, a court will not interfere with any agreement parents or spouses have made regarding decision-making responsibility or parenting time. Parents are often encouraged to reach an agreement themselves and put this agreement in writing. Usually, this is completed in the form of a separation agreement. 

This is one of the least disruptive options available for parents arranging decision-making responsibility for their child. If an agreement cannot be reached, parents will need to go to court and hire a mediator or lawyer. This can be a long process that may not be in the best interest of the child. 

2. Through the Courts

If you cannot reach an agreement privately, you will need to let the court decide on a decision-making arrangement for you. In Alberta, as in the rest of Canada, family courts prioritize the best interests of the child when determining decision-making responsibility. Courts will consider a variety of factors, including:

• The child’s needs and well-being
• The parent’s ability to communicate with each other
• The child’s relationship with each parent
• The parents’ history
• And more

Courts use resources like the Children’s Law Reform Act, Divorce Act, and court-ordered assessments when making these decisions. Usually, the parent who retains decision-making responsibility during the separation process will retain permanent authority once the divorce is complete. It is rare for a court to disrupt the established home environment of a child where they already have a routine.

3. Arbitration

Most family matters, including those involving decision-making responsibility and parenting time, are decided through the use of arbitration. An arbitrator can make certain legally binding decisions in place of a judge to resolve disputes between families. Arbitration is often employed because it is less expensive and matters can be resolved more rapidly.

Both parties must agree to arbitration for any decisions to become legally binding. Parties must also sign an agreement before arbitration begins. Any issues that an arbitrator takes part in must be agreed upon beforehand. Any other issues brought up during this process will be disregarded. 

How Verhaeghe Law Can Help You

At Verhaeghe Law, our decision-making responsibility lawyers in Edmonton are committed to helping parents reach fair and effective parenting arrangements. Whether you’re going through a separation, divorce, or simply need to update an existing agreement, we can assist you with:

• Negotiating Parenting Agreements: Our lawyers are experienced in helping parents negotiate and draft parenting plans that address decision-making responsibilities, parenting time, and other important issues. We work with you to create an arrangement that promotes your child’s best interests.
• Mediation and Collaborative Law: For parents who want to avoid the stress and costs of litigation, our team can assist with mediation or collaborative law processes. These methods allow parents to resolve disputes and reach agreements outside of court. In the event that you cannot reach an agreement privately, our lawyers are prepared to represent you in court.
• Modifying Existing Arrangements: If your circumstances have changed, such as a relocation or a significant change in your child’s needs, we can help you seek modification to your existing decision-making arrangement to reflect your new reality.

At Verhaeghe Law, we understand that issues related to decision-making responsibility can be complex and emotional. Our team of experienced decision-making responsibility lawyers in Edmonton is here to guide you through the process with care, compassion, and thorough knowledge. 

Contact Our Edmonton Team Today to Schedule a Consultation

If you’re looking for answers specific to your family’s case, you can call one of our seasoned Edmonton decision-making responsibility lawyers and request information. Every member of our team is dedicated to getting families results that will satisfy everyone involved. 

To schedule your consultation with our lawyers, you can contact us online or call us directly at (587) 410-2500. Let us provide the support and guidance you need during this transition in your life. We look forward to speaking with you soon.