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:
The term "parenting," as opposed to "custody" and "access," is used in Alberta's Family Law Act, and under the Act, the term "parenting" refers to the plan for how divorced or separated parents will make decisions regarding their child and how the parents' time with the child is shared.
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.
Alternative dispute resolution (ADR) is an increasingly popular way for separating spouses and partners to resolve their family law disputes in a non-adversarial setting. We recently discussed three effective ADR processes -- collaborative law, mediation and arbitration. Today let's focus specifically on collaborative law.
Many separated or divorcing parents negotiate through mediation to establish effective child custody arrangements. Even when there is hostility between parents, it may still be possible to achieve family-specific, out-of-court solutions by prioritizing the welfare of the children. Generally, peaceful collaboration is the most efficient way of creating a parenting plan for the long term.
As anyone in Calgary can tell you, trying to create a child custody or parenting agreement between divorcing spouses can be difficult. Not only are emotions running high because of the relationship breakdown, but many parents are upset at the thought of not always being around their children. It may get even harder to make custody arrangements, however, when individuals have children with several former partners. Trying to find an arrangement that suits all the parents involved can create a logistical nightmare.