Child custody in Alberta refers to the legal arrangement regarding the care, control, and maintenance of a child under the age of 18. In the province, custody decisions are primarily based on the child’s best interests, with courts considering various factors to ensure the child’s welfare and security. The Federal Divorce Act and The Alberta Family Law Act outline the responsibilities and rights of guardians, including child support and spousal support. The aim of these Acts is to prioritize the child’s well-being in custody arrangements.

Child custody involves the legal authority to make significant decisions regarding a child’s life and welfare, including education, health care, and religious upbringing. It can be awarded solely or shared between parents.

Child access, conversely, pertains to the right of a non-custodial parent to spend time with their child, focusing on maintaining and nurturing the parent-child relationship through scheduled visits or flexible arrangements. While custody addresses the decision-making rights over the child’s major life aspects, access ensures the emotional bond between the child and the non-custodial parent is preserved and strengthened.

A Child Custody Agreement is a legal document that outlines how parents will share the responsibilities and decision-making for their child following a separation or divorce. This agreement covers various aspects of the child’s care, including living arrangements, parenting time, visitation schedules for the non-custodial parent (child access), and how decisions about the child’s education, health care, and other welfare matters will be made.

Determining the child’s best interests is the cornerstone of family law decisions in Alberta, especially when it comes to child custody and access. This principle ensures that all decisions made by courts or agreed upon by parents prioritize the welfare and well-being of the child above all else.

Several factors are considered when determining what is in the best interest of a child. These include the strength and stability of the child’s relationship with each parent, siblings, and other significant individuals in their life, the ability of each parent to provide a safe, stable, and nurturing environment, as well as the willingness and ability of each parent to meet the child’s physical, emotional, education, healthcare and special needs, including emotional support, education, healthcare, and special requirements.

In addition, the physical and mental health of the child and parents are evaluated, considering any health issues or conditions that may affect the child’s well-being or the parent’s ability to care for the child. The importance of maintaining the child’s cultural, religious, and linguistic heritage is considered to ensure that their upbringing aligns with their background and identity.

The history of the child’s care, including who has been the primary caregiver and the nature of the child’s routine and daily life, provides insight into the most stable and beneficial arrangements for the child.