The law asks one question above all others: what is best for the child?
When parents separate, the arrangements for their children are usually the most emotionally charged part of the process. Parents often arrive at our office expecting a fight over who “wins” custody. In reality, Canadian family law is not framed that way at all.The language has changed to reflect this. Terms like “custody” and “access” have largely been replaced with decision-making responsibility and parenting time. The shift is not merely cosmetic — it moves the focus away from parental rights and toward the child’s needs and relationships.Courts in Alberta apply one governing standard: the best interests of the child. Nothing else takes priority. Not who left, not who earns more, and not who feels more wronged by how the relationship ended.
Decision-Making Responsibility
Who decides on education, healthcare, religion and other significant matters in the child’s life.
Parenting Time
When the child is in each parent’s care, including regular schedules and holidays.
Parents are free to reach their own agreement, and most do. A parenting plan negotiated between parents is almost always better than one imposed by a judge — it is faster, less costly, and far easier for children. Our family law team can help you build an agreement that works in practice, not just on paper.
When parents cannot agree
Where agreement is not possible, the matter may proceed to mediation, negotiation between counsel, or ultimately to court. A judge will consider the evidence and make an order setting out decision-making responsibility and parenting time.
Arrangements are not permanent. As children grow and circumstances change, an existing order or agreement can be varied — but this generally requires showing a material change since the last order was made. At Bowie Law, we encourage resolution outside the courtroom wherever it is feasible, while remaining fully prepared to advocate for you and your child at any level of court when litigation becomes necessary.
Children adapt best when the adults around them can lower the temperature. That is easier said than done, particularly when trust has broken down. Having a lawyer who understands both the legal framework and the emotional reality can make a meaningful difference to how the process unfolds. If you are working through parenting arrangements, contact Bowie Law for a free consultation.
This article is general information only and is not legal advice. For advice specific to your situation, please contact our office.
