Matters Regarding Children

Parenting Time and Access

The terms custody, access, and parenting are are commonly misunderstood terms.

IN THE DIVORCE CONTEXT, THE TERM “CUSTODY” REFERS TO EITHER OR BOTH OF THE FOLLOWING:

1. Primary decision making responsibility with respect to the children (eg. where the child attends school, what religious upbringing the child might have, basic medical care, basic dental care);
2. Where the child resides.

IN THE DIVORCE CONTEXT “ACCESS” REFERS TO SOME OR ALL OF THE FOLLOWING:

1. Someone other than the parents being able to spend time with the child;
2. Either parent spending time with the children.

IN THE CONTEXT OF UNMARRIED PARTIES UNDER THE FAMILY LAW ACT, “PARENTING” REFERS TO SOME OR ALL OF THE FOLLOWING:

1. The powers, responsibilities and entitlements of guardianship among the guardians;
2. Either parent spending time with the children.

The Courts have recognized that the best interest of children is the most important consideration in custody and access. Callioux Law can help you understand what this means and help you find the best arrangement for your children. Callioux knows children are precious in your life, and we know how to ensure they are looked after when their family restructures.

Our lawyers have unique expertise, having represented children, parents, grandparents, foster parents and step-parents in all levels of Court in Alberta.

THE FOLLOWING TERMS ARE OFTEN USED TO DESCRIBE PARENTING ARRANGEMENTS AND ARE ACCOMPANIED BY COMMON DEFINITIONS:

Shared Custody: Each parent has the child in their care at least 40% of the time.

Split Custody: When there is more than one child, one or more of the children reside in one parent’s residence while the other child(ren) reside in the other parent’s residence. Primary care of the children are the responsibility of the parents with whom they reside.

Sole Custody: One parent has the sole responsibility for decision making with respect to the child and the child usually resides with that parent.

Joint Custody: This term does not necessarily refer to where the child resides. It often describes an arrangement by which both parents have responsibility to make decisions with respect to the child. This does not preclude the possibility that one parent may have exclusive decision making responsibility with respect to a certain area of the child’s life while sharing other responsibilities.

Guardianship

When you hear the term “Guardianship” in legal settings, what is being referred to is a package of responsibilities and rights that come with having a legal interest in a child.

If you are a guardian of a child, you have the responsibility and the obligation to ensure that the child’s best interests are cared for.

You also have a right to make a court application with respect to the wellbeing of the child.

PARENTS ARE NOT AUTOMATICALLY PERMANENT GUARDIANS TO A CHILD. IT DEPENDS ON THE CIRCUMSTANCES.

As well, non-parents can be made guardians. For example, sometimes a grandparent is made a guardian of a child by way of court order. This means that the grandparent has the right to receive information about the child, has the obligation to satisfy themselves that the child’s interests are looked after and has the ability to make court applications with respect to the child if need be.

Being a guardian does not in and of itself include an automatic right to have the child reside with you, nor does it include an obligation to pay support for the child.

For more information on guardianship in Alberta, consult section 21 of the Family Law Act.

Adoptions

When a child is adopted, in law it is as though that child was born to the adoptive family.

The previous family typically no longer has legal rights to the child. The process for adoptions can be a bit complicated, and requires a good deal of paperwork. A high degree of sensitivity is required. If you are considering putting your child up for adoption, or if you are seeking to adopt or looking at a step parent adoption, we can help.

Children's Services, Child Protection, and Child Welfare

Children’s Services is a government agency that is duty bound to investigate concerns related to the care of children, and intervene if necessary.

There is a lot to know, and this can be a very confusing and difficult time for families. Callioux Law has a great deal of experience navigating these waters. We can help.

Grandparent and Foster Parent Rights

Sometimes your relationship with a child can permit you to apply for legal rights with respect to that child.

This may include an ability to make an application for contact and/or guardianship. We are happy to advise you on how to pursue this based on your circumstances.

Moving with a Child

Moving is a stressful experience, and attempting a move that will disrupt an access or parenting arrangement can be a difficult process. If a parenting or access order is in place, a party who attempts to move with a child may be breaking the order in doing so. The moving party can bring a “mobility application” to have the court consider whether they should be permitted with the child, and what access should look like if a move is permitted.

Abduction by a Parent or Family Member

A wrongful removal of a child occurs when a child is removed from the province or country without the consent of all other guardians. The circumstances surrounding child abduction can vary widely, and it is important to act quickly. The Hague Convention on the Civil Aspects of International Child Abduction is an international agreement, which provides a legal process for the return of a child to their home country, provided that the country is a signatory of the agreement. In this stressful situation, it may be possible to make a court application for the immediate return of the child to Alberta. We can advise you on how to pursue this based on your circumstances and the nature of the wrongful removal of your child.

Representation of Children

As children are often the subject of family law litigation, it is often important for children to have their voices heard. Callioux Law has a wealth of experience representing children in the contexts of Child Welfare, custody, and access.