In deciding matters of child custody, one of the Court's main concerns is to ensure, when appropriate, that contact between the child and both parents is sustained. That being said, if one parent wants to move with the child, the Court will take a fresh look at custody arrangements, having regard to the following factors:
Judges in Alberta make child custody and guardianship decisions based on the child's best interests. While every case is different, it may be possible under certain circumstances for a person who is not the child's biological parent to be awarded custody or guardianship.
In matters of child custody, the Alberta courts generally presume that maximizing contact between the child and both parents is in the child's best interests. Every family is different, though, and economic or employment issues may arise that require one parent to relocate with the child.
If you and your co-parent are separating or divorcing in Alberta, then you have options as to how you come to an agreement about a parenting plan. Your agreement doesn't have to be put into writing, but you should know that, if your agreement is informal and only verbal, then you have no proof of the agreement. This sort of situation too often leads to costly legal disputes that have a negative impact on parents and children.
Whether your relationship with your former spouse is amicable or strained, co-parenting during the holidays can be a challenge, especially if these are the first holidays with a new parenting plan. With that in mind, let's discuss how Calgary parents can avoid disputes and help their children make warm and lasting memories.