Edmonton courts no longer use the word "custody." Parenting is divided into decision-making responsibility (who makes major decisions about the child) and parenting time (when the child is with each parent). Both are decided by one test: the child's best interests, with the child's safety and well-being coming first. Most arrangements are agreed on without a trial.
"Child custody" is still how most people search for this, and it is how most parents describe what they are worried about. But the law in Alberta changed its language several years ago, and the new terms reflect a different way of thinking about children after separation. This article explains the current terms, the test a court applies, and how parenting arrangements are actually worked out in Edmonton.
Why don't Alberta courts say "custody" anymore?
Since March 2021, the federal Divorce Act has replaced "custody" and "access" with child-focused terms. Alberta's Family Law Act, which applies to parents who were never married, uses similar language.
| Old term | Current term | What it means |
|---|---|---|
| Custody (legal) | Decision-making responsibility | Authority over significant decisions: health, education, religion, significant extracurricular activities |
| Custody (physical) / access | Parenting time | The schedule of when the child is in each parent's care |
| Access (by grandparents or others) | Contact | Time with a person who is not a parent or guardian |
| Custody order | Parenting order | The court order setting out decision-making and parenting time |
The change is not only a matter of words. "Custody" suggested that one parent won and the other lost. The current approach assumes that both parents usually stay involved, and asks how they will share responsibility. Our article on parenting time vs decision-making responsibility explains the distinction in more detail.
Which law applies to your family?
- Married parents who are divorcing are generally under the Divorce Act, in the Court of King's Bench.
- Unmarried parents, and married parents who are separated but not seeking a divorce, are generally under Alberta's Family Law Act. Those cases can be heard in the Alberta Court of Justice or the Court of King's Bench.
Both laws use the same core test, the best interests of the child, and in practice they lead to very similar results.
How do courts decide what is in a child's best interests?
The Divorce Act (section 16) and the Family Law Act (section 18) both direct the court to consider only the child's best interests. The primary consideration is the child's physical, emotional and psychological safety, security and well-being.
The court then looks at all the child's circumstances, including:
- the child's needs, given their age and stage of development
- the strength of the child's relationships with each parent, siblings, grandparents and other important people
- the history of care: who has been doing the day-to-day parenting
- the child's views and preferences, given appropriate weight for the child's age and maturity
- the child's cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous heritage
- each parent's plan for the child's care
- each parent's ability and willingness to meet the child's needs, and to communicate and cooperate with the other parent
- any family violence, and its effect on the child's safety and on each parent's ability to care for the child
- any court proceedings or orders relevant to the child's safety
A parent's past conduct only matters if it relates to their ability to parent. Family violence is treated very seriously. See how family violence affects parenting orders in Alberta, and our page on protection orders.
Is 50/50 shared parenting the default in Edmonton?
No. There is no legal presumption of equal parenting time in Alberta. The Divorce Act directs the court to give a child as much time with each parent as is consistent with the child's best interests. In practice, that often leads to substantial time with both parents, and many families in Edmonton use an equal or near-equal schedule.
Whether a shared schedule works depends on practical things:
- Distance. Can the child get to school and activities from both homes?
- Age. Very young children often need shorter, more frequent transitions.
- Communication. Can the parents handle week-to-week logistics without conflict spilling onto the child?
- Work schedules, including shift work and travel.
Parenting time also affects child support. When each parent has the child at least 40% of the time, a different child support calculation applies. See child support with shared parenting in Alberta.
How are parenting arrangements usually made?
Most parents in Edmonton never have a judge decide their parenting arrangement. The usual routes are:
- A negotiated parenting plan, worked out directly or through lawyers and written into a separation agreement or consent order
- Mediation, including through Alberta's Family Justice Services
- Collaborative family law, where both parents and their lawyers commit to settling outside court
- Parenting coordination, for families who have an arrangement but keep disagreeing about how to carry it out. See parenting coordination in Alberta.
- A court application, when agreement isn't possible or a child's safety is at issue
In Edmonton, there are required steps before you can go to court. For most family applications in both the Court of Justice and the Court of King's Bench, parents must:
- complete the free online Parenting After Separation course
- meet with a family court counsellor, if they don't have a lawyer
- exchange financial information, where support is in issue
- try to resolve the dispute out of court first, for example through mediation
The court can waive these steps in some situations, including where there are safety concerns.
A good parenting plan is specific. It should cover the regular schedule, holidays and special days, school breaks, how decisions will be made, how parents will communicate, transportation and exchanges, and a process for resolving future disagreements.
What actually persuades a judge?
When a parenting dispute reaches court, a few things consistently make a difference:
- A child-focused plan. A detailed, realistic plan built around the child's routine is more persuasive than broad claims about the other parent.
- Stability. Courts are cautious about disrupting what is working for a child, especially schooling.
- Supporting the other relationship. A parent who encourages the child's relationship with the other parent is viewed favourably. A parent who undermines it is not.
- Respectful communication. Texts and emails are regularly filed as evidence. See why sending your ex a text in a custody case can be a mistake.
- Following interim orders. How a parent follows a temporary arrangement is often the best evidence of how they will follow a final one.
What if one parent wants to move?
Relocation, meaning a move that would significantly affect the child's relationship with the other parent, has its own notice requirements and legal test. It is one of the hardest types of parenting dispute. See relocation and mobility rights in Alberta.
Frequently asked questions
At what age can a child decide which parent to live with in Alberta? There is no set age. A child's views are one factor, and the court gives them more weight as the child gets older and more mature. Teenagers' views are usually given significant weight, but even then, the decision is the court's.
Does the mother automatically get custody? No. Alberta law does not favour either parent based on gender. The only question is the child's best interests.
Can I stop the other parent from seeing our child? Not on your own, unless there is a real safety concern. In that case you should get legal advice immediately and may need a protection order. Withholding a child without a good reason can seriously damage your position in court.
Do grandparents have rights to see a child? Grandparents can apply for a contact order under the Family Law Act. The court decides based on the child's best interests, not on any automatic right.
Can a parenting order be changed later? Yes. A parenting order can be varied if there has been a material change in the child's circumstances since it was made.
How long does a child custody case take in Edmonton? An agreed parenting plan can be finalized in weeks. A contested case that goes to trial can take a year or more, which is one reason most families resolve these issues through negotiation or mediation.
Speak with an Edmonton child custody lawyer
Parenting arrangements are usually the most important and most emotional part of a separation. Cambria LLP can help you build a practical parenting plan, negotiate it with the other parent, or present your case to the court if agreement isn't possible.
Learn more about Child Custody and Support · Call 780-540-8100 for a free consultation.
Related reading
- Parenting Time vs Decision-Making Responsibility in Alberta Family Law
- When One Parent Wants to Move: Relocation and Mobility Rights in Alberta
- Child Support With Shared Parenting in Alberta
- Family Law in Edmonton
This article provides general information about Alberta law and is not legal advice. Every family's situation is different.
