Recent changes to Alberta’s family law have replaced the long-used terms “custody and access” with “parenting time and decision-making responsibility.” While the shift in terminology may seem minor, it reflects a deeper legal and emotional shift toward prioritizing the child’s well-being above all else.
The Alberta government updated the language in the Family Law Act and the Divorce Act to align more closely with how families actually function. The term “custody” often implied ownership or control — language that didn’t accurately represent the responsibilities of parenting. Now, the law emphasizes cooperation, shared responsibility, and what’s truly best for the child.
Parenting Time refers to when each parent is physically with the child. During this time, that parent is responsible for the child’s day-to-day care and decisions — such as meals, homework, and bedtime routines.
Decision-Making Responsibility involves the authority to make major decisions for the child. This includes matters related to health care, education, religious upbringing, and extracurricular activities.
Both parents may share these responsibilities jointly, or the court may assign them to one parent, depending on the circumstances and what’s in the child’s best interests.
If you’re going through a separation or modifying an existing parenting arrangement, understanding this new terminology — and how it applies to your situation — is crucial. Courts now focus less on who “has custody” and more on how parents can co-operate to meet the child’s needs.
It also means that outdated agreements or understandings may need to be updated to reflect the new language and approach, particularly if you’re involved in legal proceedings or mediation.
At Chahal Law, we help families navigate the evolving landscape of family law in Alberta. Whether you’re drafting a new parenting agreement, revisiting an old one, or just trying to understand your rights, our team is here to guide you through the process.
We offer legal advice that is clear, compassionate, and grounded in the law — so you can make decisions that protect your child’s future and your peace of mind.
Need Guidance on Your Parenting Arrangement?
Call Chahal Law at (780) 461-0989 or reach out through our website to book a consultation.
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