In Alberta, How Can I Modify My Parenting Order?

In Alberta, a parenting agreement does not need to be changed in court. If you want to change the agreement, you can negotiate with the other parent or use family mediation if negotiations are difficult. If your order was made in the Court of Justice, you can apply for a change in the Changing a court order section. If your order is from the Court of King’s Bench, you can bring a motion to change a court order about parenting arrangements.

To change your current court order, you must determine if there has been a significant change and fill out the necessary forms. If there is no description of parenting time, you can apply to change your current court order. If circumstances change after an Order is granted, you can apply to the Court to vary or change the Parenting time and Access Order.

Under Alberta’s Family Law Act, there are several different types of parenting arrangements available to help divorced or separated parents make decisions about their child. Guardians are required to cooperate with each other on child-related matters, so it is essential to work together when drafting a custody order.

To file an application to be heard in Family Law Regular Chambers, you must either apply under the Interjurisdictional Support Orders Act, go back to the court that made the order, or apply to a BC Provincial Court. The court can make an order to vary, suspend, or terminate a parenting order or any part of that order. If you already have a Court Order but the parenting time or contact arrangements are no longer suitable, you may ask the Court to vary or change the Order.

Demas Schaefer Family Lawyers offers tailored, supportive legal advice for those considering changes to their parenting agreement.

How do I amend a parenting order in Alberta?

Modifications to parenting or custody arrangements may be initiated through the means of consent orders, court applications, or a court application. In the event that an agreement is reached, a consent order may be drafted and signed by a judge. However, it is not uncommon for children to resist following the court order.

Who are the unmarried parents in child custody in Alberta?

The child’s sole custodian is usually the unmarried parent, usually the mother, who is considered the sole custodian without court intervention. Within a marriage, the parents are considered spouses. A male is presumed to be the father of a child if he married the mother after the child’s birth, acknowledged his role, lived with the mother for at least one year, separated less than 300 days before the child’s birth, is registered as the father under a provincial Act, and a court order states his fatherhood. In some cases, a court may order otherwise.

Do I have a right to know who my ex brings around my child?

You don’t have the right to know who your ex is bringing around your child, as the other parent can decide who is around them without your input. You can only restrict certain people from hanging around your child if there are restrictions stated in a court order. If the person doesn’t pose a safety risk, you shouldn’t be demanding. If there is evidence that a person poses a risk to your child’s safety or well-being, you have the right to be concerned.

You can ask the court to restrict your ex’s new partner from being around your child or get an emergency order to protect your child. If you’re concerned, you may need to conduct a background check on your ex’s new partner.

At what age can a child refuse to see a parent in Canada?

In Canada, a child can refuse to see a non-custodial parent typically around 14 years old, but this age is not guaranteed and may vary slightly depending on the province and circumstances. There is no specific age when a child can decide which parent they will live with, and each child’s views may be considered by a judge or arbitrator when deciding the best parenting arrangement. Courts will make decisions in the best interest of the child. Custody and access disputes can affect a child’s time spent, and arrangements may limit their ability to choose alternative options as they grow older.

Custody and access arrangements, including child support, are revisable over time, so it is essential to consult a lawyer or seek help. The Children’s Law Reform Act (CLRA) is provincial legislation that primarily deals with family law, particularly concerning parentage and custody of children.

How to vary a court order in Alberta?

An appeal is a legal action brought to a higher court, such as the Court of Appeal, to overturn the original court’s order or judgment. It is typically a more complex process than an application to vary, which is made to the original court. To view a file, it must be sealed by the court or governed by an Act or court order. To view a file, you must submit a Search Request Form and pay a fee according to the Alberta Rules of Court. While you can represent yourself at the Court of Appeal, it is always recommended to seek legal advice due to the complexity of the law and process.

Lawyers can help determine your chances of success and may provide limited scope retainers for specific portions of the appeal, such as reviewing your file, drafting your factum, or preparing documentation for a particular chambers application.

How long does a parent have to be absent to lose rights in Canada?

The timeframe for losing parental rights in Alberta is a complex issue, with no one-size-fits-all answer. The law does not provide a specific duration after which parental rights are automatically terminated, but considers factors such as the nature of the absence, efforts to maintain a connection with the child, and the overall impact on the child’s well-being. Benchmarks are commonly referenced in legal practice, such as a continuous absence of several months to a year without communication or financial support, which may raise concerns about abandonment.

Factors influencing the timeframe include efforts to maintain contact, financial support, reasons for absence, and the impact on the child’s emotional and physical well-being. Courts will consider whether the parent has tried to communicate, visit, or otherwise participate in the child’s life. Absences due to unavoidable circumstances, such as military deployment or medical treatment, are treated differently from those perceived as voluntary abandonment.

What age can a child decide what parent to live with in Alberta?

The Divorce Act aims to ensure that decisions about parenting after divorce are made in the best interests of a child. Each child’s views and preferences are considered by judges when deciding the best parenting arrangement. The weight given to these views depends on the child’s age and maturity, with older children usually receiving more weight. However, every child is unique and develops at their own pace, so it is crucial to consider these factors when making decisions about parenting after divorce.

How do you prove a parent unfit in Alberta?

Child custody disputes can stem from various sources, including medical reports, arrest reports, statements from teachers, childcare workers, relatives, or neighbors, and pictures of drugs or drug paraphernalia in the home. The parent-child bond is strong, and emotional conflicts often arise from custody disputes. While the law acknowledges the importance of shared parenting, full custody can still be an option when circumstances demand it. Only very narrowly defined circumstances allow a judge to restrict parental rights and award full or sole custody to one person.

Canadian child custody terminology often includes parenting time and decision-making responsibility, which are often confused with physical custody and legal custody. Updates to the Divorce Act in 2021 aim to clarify these terms.

Can a mother move a child away from the father in Alberta?

Separation from one parent can have a significant emotional impact on a child, as it disrupts their social environment. In Alberta, a parent cannot move with a child without the other parent’s agreement or a court order. This decision requires legal considerations, the child’s best interests, and potential court proceedings. Consulting a family law lawyer is recommended to understand the specific legal implications and ensure the rights of all parties, including the child, are protected.

Can you give up parental rights in Alberta?

In Alberta, the court often does not voluntarily terminate parental rights due to the high value placed on the parent-child relationship. The main reason for termination is in adoption cases, but this is subject to court approval. Parents have obligations and rights concerning their children, such as providing food, housing, clothing, education, and medical care. These rights and obligations continue even after a marriage dissolves, but there are circumstances where they may not apply.

Can a mother deny a father access in Alberta?

In Alberta, denying another parent access to their child requires a court order, and only granted when it is in the best interests of the child. The Family Law Act provides the legal framework for child custody and access issues in Alberta, emphasizing the child’s best interests. Courts can issue parenting orders, specifying each parent’s responsibilities and rights, including who the child lives with and spends time with. The best interests of the child are the primary consideration, considering factors such as physical, psychological, and emotional safety and well-being.

Courts often prioritize maintaining stability and continuity in the child’s life, which can influence decisions about access and custody. The Family Law Act and parenting orders play a crucial role in determining custody and access issues in Alberta.