What You Need to Know About Parenting Orders in Alberta

Understanding Parenting Orders and Parenting Plans

Anna Dunaeva DLegal Anna Dunaeva November 26, 2024
DLegal Law Office - Child

When co-parenting after a separation or divorce becomes complex or contentious, a parenting order may become necessary. This court-issued document sets clear rules about important things like where the child will live, how much time the child will spend with each parent, and who gets to make big decisions about the child’s life.

One parent can choose to pursue a parenting order on their own, or the court may decide to issue one if the parents cannot come to a parenting agreement on their own during custody or divorce proceedings in Alberta. The goal of a parenting order is to create a stable and fair arrangement that’s in the best interest of the child, ensuring that the child’s needs come first, even when the parents don’t see eye to eye.

Is Parenting Order Legally Enforceable?

In Alberta, a parenting order is enforceable by law. If one parent does not follow the terms set out in the order such as withholding the child from the other parent during scheduled visitation times or making unilateral decisions without the other parent’s input, the Alberta court can intervene.

The legal enforcement of parenting agreements can be particularly reassuring for parents who feel vulnerable or concerned that their co-parent may not respect the agreed-upon terms. Knowing that there is a formal, enforceable agreement can provide a sense of security and stability for both parents and the child.

The court always seeks to create and enforce an arrangement that has the child’s best interests at heart. For parents, obtaining a parenting order is often about securing this consistency and ensuring that their child has the opportunity to maintain a positive, healthy relationship with both parents, even during a time of family transition.

Parenting Order vs Parenting Plan

A parenting order and a parenting plan are both tools used to manage parenting arrangements after a separation, but they differ in terms of how they are created and enforced. A parenting order is a formal, legally binding document issued by the Alberta court when parents are unable to agree on how to care for their children. Since it’s a court order, it is enforceable by law, meaning either parent can seek legal recourse if the terms of the court order aren’t followed.

On the other hand, a parenting agreement or plan is a voluntary parenting arrangement created by the guardians themselves. It lays out how they will share responsibilities for the child’s care, including custody, visitation schedules, and decision-making. Parenting plans are typically flexible and can be adjusted as needed as long as both parents agree. However, unlike a parenting order, a parenting agreement or plan is not automatically legally enforceable. It only becomes binding if it’s incorporated into a court order.

For help with planning, the government of Canada has a Parenting Planning Tool on their website, which guides guardians through the main issues they’ll need to outline in their plan.

What Does a Parenting Order Address?

Parenting orders are typically issued under the Alberta Family Law Act or the Divorce Act (if the parents were married) and may address a variety of issues. However, more often than not, they include the following:

  • Custody/Decision-making: A parenting order specifies who has the decision-making responsibility to make major decisions about the child’s upbringing, such as education, healthcare, and religious instruction. It can establish where the child lives including sole custody (one parent) or joint/shared custody (both parents).
  • Parenting Time: It outlines the schedule for the child’s time with each parent. It covers both regular arrangements and special occasions like holidays, birthdays, and school breaks.
  • Primary Residence: The parenting order may define where the children live most of the time (the child’s primary residence). It also covers the logistics of transitioning between homes if the child will spend time with both parents.
  • Communication with the Child: If necessary, the order can specify how each parent is allowed to communicate with the child when the child is not in their care. This might include phone calls, video chats, or other forms of contact.
  • Child Support: While a parenting order typically focuses on custody and parenting time, it can also influence child support arrangements. However, support is generally determined in a separate order or agreement.
  • Dispute Resolution: It may outline methods for resolving disputes between the parents, such as mediation or arbitration, to avoid frequent court interventions.
  • Travel and Relocation: The order can set terms for travel and can include provisions such as whether both parents need to consent before a parent takes the child out of the province or country, including what happens if one parent wants to relocate to a new city or province with the child.
  • Other Provisions: The order can also include other conditions based on the specific needs of the family. This might involve restrictions on contact with certain people, decisions regarding the child’s cultural heritage, supervision during visitations, or terms regarding the child’s schooling or extracurricular activities.

Parenting orders are designed to prioritize the best interests and welfare of the child, ensuring they have a stable and supportive environment. Parents can either come to an agreement on these matters and have it formalized by the Alberta court, or if they cannot agree, the court will impose a parenting order after considering evidence and testimony from both sides.

Who Can Apply for a Parenting Order?

A parenting order in Alberta can be requested by a guardian and does not need to come exclusively from a parent. Under Alberta’s Family Law Act, the term “guardian” refers to any individual who has legal guardianship of the child, which includes but is not limited to parents. Guardians are individuals responsible for the child’s care and decision-making, and they may have these responsibilities or custody arrangements even if they are not biological or adoptive parents.

For instance, grandparents, step-parents, or other individuals who have a significant caregiving role in the child’s life can be guardians if they meet certain criteria. A child’s guardian can apply for a parenting order to establish or modify parenting arrangements, such as decision-making responsibilities, parenting time, and other matters concerning the child’s health and well-being.

How to Apply for a Parenting Order?

To apply for a parenting order in Alberta, the person applying for the order must be a legal guardian under Alberta law. If you are the child’s parent going through a divorce, they will need to apply under the Divorce Act. Otherwise, you’ll use the Family Law Act.

Once you confirm eligibility, you need to complete the required forms. The main form is the Claim for Parenting Order (FL-18), where you’ll outline your desired parenting arrangements, which you may need to submit alongside an Affidavit (FL-23). Your family lawyer can help you determine the exact proper forms for you.

After you fill out the forms and file them at the appropriate court, you must serve the other guardian with the documents. Typically, this is done by using a process server that can obtain a Proof of Service to confirm delivery.

Next, you will attend court on the scheduled date, where both parties will present their cases. The court may recommend mediation to help you come to an agreement. If you cannot reach an agreement, the judge will decide based on the best interests of the child.

Once the court issues the parenting order, it becomes legally binding, outlining key details like child custody amount, parenting time, and decision-making responsibilities. It’s advisable to seek legal advice or mediation support if needed throughout the process.

At DLegal, we can help you throughout this process and in all areas of family law. Contact us today. Our family lawyers provide empathetic and knowledgeable support through your separation, divorce proceedings, custody, or child support issues.

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