Child Custody (Parenting Orders) in Alberta
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Since March 1, 2021, the terms "custody" and "access" have been replaced with "decision-making responsibility" and "parenting time" under the updated Divorce Act.
All decisions about children must be based on the best interests of the child. Section 16(3) lists detailed factors the court considers. The most important factor is the child's physical, emotional, and psychological safety.
The 2021 amendments also defined family violence for the first time in federal law. It includes physical, sexual, psychological, emotional, and financial abuse, as well as coercive and controlling behaviour.
If a parent wants to relocate with a child, they must give 60 days' written notice to the other parent.
When does it apply?
These rules apply to:
- Divorcing or separating parents with children under 18.
- Common-law parents — covered under provincial family law statutes.
- Non-parents such as grandparents may apply for contact orders in certain situations.
What to Do If the Other Parent Is Denying You Parenting Time in Canada
- Try to agree on a parenting plan first — courts prefer parents who cooperate.
- Create a detailed plan that covers the schedule, decision-making, holidays, and communication.
- Put the child's needs first in every decision.
- Document any violence or safety concerns with dates, details, and any evidence.
- Follow the 60-day relocation notice requirement if you plan to move.
What should you NOT do?
- Don't withhold parenting time unless there is a genuine safety concern — this can backfire in court.
- Don't speak negatively about the other parent to or in front of the child.
- Don't relocate without giving proper notice — the court can order the child returned.
- Don't assume 50/50 is automatic — there is no legal presumption of equal parenting time in Canada.
- Don't ignore the child's views — courts consider what the child wants, depending on their age and maturity.
How Alberta differs from federal law
Child custody (now called "parenting orders" under the amended Divorce Act) and guardianship in Alberta are governed by both the federal Divorce Act and the provincial Family Law Act, SA 2003, c. F-4.5.
- Under the Family Law Act, parents who lived together at the time of the child's birth are both guardians of the child, whether married or not. Guardians share decision-making responsibility and parenting time.
- The best interests of the child is the only consideration when making parenting decisions. Factors include the child's physical, emotional, and psychological needs, the nature of the child's relationship with each parent, the child's views (depending on age and maturity), and any history of family violence.
- Alberta courts can make parenting orders (under the Divorce Act for married parents) or guardianship and parenting orders (under the Family Law Act for all parents) that set out parenting time schedules and decision-making responsibility.
- A parent who was not living with the child's other parent at the time of birth is not automatically a guardian under the Family Law Act and must apply to the court for guardianship.
- Relocation: Under the Divorce Act, a parent with the majority of parenting time must give at least 60 days' written notice before relocating with the child.
Additional Steps in Alberta
To apply for a parenting order, file an application at the Alberta Court of King's Bench (Family Division) or, for guardianship under the Family Law Act, at the Alberta Provincial Court (Family Division). Family Justice Services offers free mediation to help parents reach agreements without a contested hearing. Call 780-427-8343 (Edmonton) or 403-297-6981 (Calgary). Many judicial centres require parents to attend a Parenting After Separation course before a hearing.
Relevant Law: Family Law Act, SA 2003, c. F-4.5, Part 2 (Guardianship) and Part 3 (Parenting and Contact); Divorce Act, RSC 1985, c. 3 (2nd Supp.), ss. 16–16.96
Common Questions
When does child custody (parenting orders) apply?
These rules apply to:Divorcing or separating parents with children under 18.Common-law parents — covered under provincial family law statutes.Non-parents such as grandparents may apply for contact orders in certain situations.
What should I do if my co-parent in Canada is refusing to let me see my children?
Try to agree on a parenting plan first — courts prefer parents who cooperate.Create a detailed plan that covers the schedule, decision-making, holidays, and communication.Put the child's needs first in every decision.Document any violence or safety concerns with dates, details, and any evidence.Follow the 60-day relocation notice requirement if you plan to move.
What mistakes should I avoid with child custody (parenting orders)?
Don't withhold parenting time unless there is a genuine safety concern — this can backfire in court.Don't speak negatively about the other parent to or in front of the child.Don't relocate without giving proper notice — the court can order the child returned.Don't assume 50/50 is automatic — there is no legal presumption of equal parenting time in Canada.Don't ignore the child's views — courts consider what the child wants, depending on their age and maturity.
Child Custody (Parenting Orders) in other states
Same topic, different jurisdiction. Pick the one that applies to you.