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By LegalMatters Staff • When a marriage breaks down and the parents cannot reach an agreement on parenting arrangements, the dispute will be settled either through mediation or by a family court judge.
Under the law, all parents have moral and legal obligations relating to their children. Unless the court or the parents have decided otherwise, both have equal decision-making responsibility and parenting time when it comes to their children.
“When parents are married, they share all of the powers, entitlements and responsibilities of raising children,” says Edmonton family lawyer Jaskiran Bajwa. “If they separate and file for divorce, the court can decide who has decision-making responsibility or if that is to be shared.”
Bajwa explains there are generally three types of decision-making arrangements, the first being to jointly share the decision-making responsibility (formerly known as custody).
“This is what is most commonly ordered by the court and permits both parties to provide input on major decisions, with the parties expected to come to a mutual agreement before a decision is made,” she says.
Bajwa says the second is that one parent has sole authority on some matters but decision-making is shared on other issues.
“The third option is that one parent makes all of the decisions about the child,” she says. “This is not generally something the Court in Alberta orders unless the other parent is absent, shows no interest in being involved or does not have the capacity to do so.”
There are also generally three types of parenting time – formerly known as access – options.
“The first is primary parenting. This is where the child resides primarily with one parent and that parent has care and control of the child over 60 per cent of the time,” Bajwa explains.
“Parenting is considered ‘shared’ so long as each parent has the child residing with them and under their care at least 40 per cent of the time,” she adds.
The third option is split parenting, when one child spends most of their time with one parent while another child spends the majority of their time with the other parent, Bajwa says.
“In every case, the court has to determine what sort of structure serves the best interests of the children,” she says,
