160 Quarry Park Blvd SE, Suite 300 · Calgary, Alberta
160 Quarry Park Blvd SE, Suite 300 · Calgary, Alberta
Home / Family Law / Children & Parenting
Child-focused legal help for Calgary parents and families on parenting arrangements, child support, relocation, child welfare matters and adoption.
Quick answers
Canadian law now uses “parenting time” and “decision-making responsibility” under the Divorce Act, and guardianship and parenting orders under Alberta law.
Many people still search for a child custody lawyer in Calgary, but the law has moved on. Since 2021, the federal Divorce Act uses two concepts for married parents who divorce:
For parents who never married, or married parents not seeking a divorce, Alberta’s Family Law Act applies. It speaks of guardians, who hold powers and responsibilities for the child, and parenting orders, which allocate parenting time and guardianship powers. Parents are generally guardians of their child if they have acknowledged or shown an intention to parent.
OLEX Legal helps parents build workable schedules, divide decisions sensibly and put arrangements into agreements or court orders that fit the child’s needs.
Every parenting decision is based only on the best interests of the child, with the child’s safety and well-being given primary consideration.
Under both the Divorce Act and the Family Law Act, the only question is what is best for the child. There is no presumption of equal time or that either parent should be preferred. Courts look at factors such as:
A child should have as much time with each parent as is consistent with their best interests. Where there is family violence, safety comes first, and protective orders may be needed.
Yes, under Alberta’s Family Law Act, grandparents and other significant people can apply for a contact order, sometimes needing the court’s permission first.
Separation can cut children off from grandparents and other important adults. Alberta’s Family Law Act allows people who are not guardians to apply for a contact order, which sets out time with the child.
In many cases, the applicant must first obtain the court’s permission (leave) to apply. The court then considers whether contact is in the child’s best interests, including whether a guardian’s refusal of contact would risk the child’s physical, psychological or emotional health. Grandparents may face fewer procedural hurdles in some situations, such as where contact was interrupted by the parents’ separation or a parent’s death.
A relative who has been caring for a child can also apply to become a guardian or seek a parenting order. Under the Divorce Act, a non-parent may seek a contact order with leave.
In focus
The time a child spends in a parent’s care under the Divorce Act.
Authority over major decisions such as health, education and religion.
A person holding legal powers and duties for a child under the Family Law Act.
An Alberta order setting parenting time and guardianship powers.
An order giving time with a child to someone who is not a guardian.
Child support is generally set by the Child Support Guidelines tables, based on the paying parent’s income, the number of children and the parenting arrangement.
Child support is the right of the child, and both parents must contribute. In divorce cases, the Federal Child Support Guidelines apply; under the Family Law Act, Alberta’s guidelines follow the same approach. The starting point is a table amount based on the payor’s annual income and the number of children.
Adjustments arise in several situations:
Support terms are enforceable through Alberta’s Maintenance Enforcement Program.
They are specific costs beyond basic support, such as childcare and extracurriculars, shared in proportion to each parent’s income.
Section 7 of the Child Support Guidelines allows the court to order parents to share certain expenses on top of the table amount. They generally include:
The expense must be necessary in light of the child’s best interests and reasonable given the family’s means and spending before separation. Costs are usually shared in proportion to incomes, after subsidies, tax benefits or deductions. Clear agreements about which activities are covered, and how parents consult before signing up, prevent many disputes.
Possibly, but you usually must give formal written notice, and if the other parent objects, a court decides based on the child’s best interests.
A move away from Calgary can reshape a child’s relationship with the other parent. Under the Divorce Act, a parent planning a relocation must generally give at least 60 days’ written notice in the prescribed form, including a proposal for revised parenting arrangements. The other parent can object within 30 days.
If there is no agreement, a court decides. It considers the reasons for the move, its impact on the child, compliance with existing orders and whether the proposed arrangements are reasonable. Who bears the burden of proof depends on how parenting time is currently shared. Under the Family Law Act, similar best-interests principles generally apply, and many orders set their own notice terms.
Do not move a child without agreement or a court order. Relocating unilaterally can seriously damage your case and may lead to an order for the child’s return.
You can agree on changes or apply to vary an order when there has been a material change in circumstances affecting the child.
An existing order or agreement can be updated by consent, which is usually the fastest and least expensive route, or by applying to the court to vary it.
To vary, you generally need to show a material change in circumstances since the last order. Examples include:
Keep paying support and following the parenting schedule until a new order is made, since informal changes are hard to enforce. Before filing in the Court of King’s Bench, parents are generally required to complete the Parenting After Separation course and attempt dispute resolution, unless an exemption applies. See our divorce and separation page for more on these steps.
Get legal advice immediately, because child welfare cases under the Child, Youth and Family Enhancement Act move quickly and have strict timelines.
Alberta’s Child, Youth and Family Enhancement Act allows child intervention caseworkers to investigate concerns about a child’s safety and, in some cases, remove a child from their home. Most child protection matters are heard in the Alberta Court of Justice.
Depending on the situation, the process may involve:
Court dates after an apprehension can come very quickly, and decisions made early often shape the rest of the case. We help parents and extended family respond to caseworkers, propose safety plans and put forward relatives who can care for the child. Relatives may also seek guardianship or private arrangements that keep children within the family.
Yes, Alberta permits private, step-parent and relative adoptions, which require consents and a court order under provincial legislation.
OLEX Legal assists with private adoptions in Calgary, including step-parent and relative adoptions. Adoption permanently transfers legal parenthood and is regulated under the Child, Youth and Family Enhancement Act.
Common routes include:
Most adoptions require consent from the child’s guardians and, generally, from a child aged 12 or older. The court may dispense with a consent in some circumstances, and a home assessment report may be required. After the order, the adoptive parent has all the rights and responsibilities of a parent. Adoption also affects inheritance, so consider updating your will.
FAQs
What is the Parenting After Separation course?
Parenting After Separation (PAS) is an Alberta government course on helping children through separation. It is generally required before filing a divorce or Family Law Act application in the Court of King's Bench, and a judge can order it in other cases. It can be taken online. A separate course addresses families in high conflict.
At what age can a child choose which parent to live with?
There is no set age in Alberta. Courts consider a child's views and preferences, giving them more weight as the child grows older and more mature, but the decision still rests on best interests. Views are usually shared through a professional report or interview rather than having the child testify.
Do I have to pay child support if I have the kids half the time?
Usually some support is still payable. In shared parenting of at least 40% time, courts generally set off each parent's table amount, so the higher-earning parent often pays the difference. The court also considers each household's costs and the parents' means, and section 7 expenses are shared separately.
Can the other parent stop me from seeing my child?
Not without a legal basis. If there is an order or agreement, the other parent must follow it, and you can apply to enforce it. If there is none, you can apply for parenting time. Withholding a child without safety reasons can weigh against that parent in later decisions.
Are grandparents entitled to see their grandchildren?
There is no automatic right, but grandparents can apply for a contact order under Alberta's Family Law Act. Depending on the circumstances, they may first need the court's permission. The court decides based on the child's best interests and the importance of the existing relationship.
How long does a step-parent adoption take in Alberta?
It depends on whether consents are readily available, whether a home assessment is needed and the court's schedule. Cases with cooperative birth parents move faster than those needing an application to dispense with consent. We give you a realistic estimate once we understand your family's circumstances.
This information is general and is not legal advice. For advice on your situation, book a consultation.
Further reading
Book a consultation with our Calgary family lawyers to discuss parenting, support or adoption.
or call 587-333-4358
