In Alberta, the Family Law Act specifies the rules relating to custody/parenting of children and the topmost factor which the Courts consider when making decisions is the best interests of the child(ren). To gain some understanding of the family law principles in Alberta it would be helpful to explain some of the terms used:
“Custody” is a term used by the Divorce Act which is a Federal Statute to refer to the control and decision-making power of a guardian.
“Access” is a term used by the Family Law Act to refer to the time that the non-custodial parent spends with the child.
“Contact” is a term used by the Family Law Act to refer to the time that a non-parent/non-guardian spends with the child. The most common example of court ordered contact time is the time awarded to Grandparents.
There are different scenarios under which parents can co-parent and they include:
- Joint Custody – This usually refers to a scenario where both parents share all the rights and responsibilities of guardianship including the right to make major decisions relating to the child.
- Sole Custody – This refers to a scenario where one parent gets to make all of the important decisions relating to the child(ren) and the other parent has little or no decision-making power.
- Split Custody – This refers to a situation where there are several children, and each parent has sole custody of one or more of the children but not all. For example, if there are two children and each parent has sole custody of one of the children it would be a split custody situation.
Navigating the legal principles relating to parenting of children and support can be tricky but the family Lawyers at EO Law can help. Feel free to contact the firm of EO Law by sending an email to info@eolaw.ca to set up a Consultation so we can assist in any way we can to work towards the best possible outcome for you and your child(ren).
Disclaimer:
The information on this website is provided by EO Law for educational purposes only. The information gives readers a general understanding of the law. The information does not provide specific legal advice and should not be used in place of competent legal advice from a licensed, pra