The Benefits Of Using A Family Lawyer To Help Create A Parenting Plan

Separation and divorce can be emotionally challenging, especially when children are involved. A well-structured parenting plan is one of the most important tools parents can use to ensure a stable, cooperative, and child-focused arrangement going forward. While some parents try to create these plans on their own, working with an experienced Alberta family lawyer can make a significant difference in the quality, enforceability, and longevity of your parenting arrangements.

What Is a Parenting Plan?

A parenting plan is a written document that outlines how separated or divorced parents will co-parent their children. It typically addresses things like:

  • Parenting time with each parent
  • Decision-making responsibilities
  • Communication methods between parents
  • Holiday and vacation schedules
  • Rules about travel and relocation
  • Dispute resolution processes

In Alberta, parenting plans can be incorporated into a Parenting Order under the Divorce Act or Family Law Act, and/or they can form part of a separation agreement.

The Benefits of Using a Family Lawyer

1. Ensuring the Best Interests of the Child: Family lawyers are trained to keep the child’s best interests front and center, a legal requirement in Alberta. Your lawyer can help you:

  • Evaluate parenting options objectively
  • Propose developmentally appropriate arrangements
  • Avoid inadvertently exposing children to conflict or instability

This helps reduce the emotional and psychological impact of separation on your child.

2. Creating a Clear, Practical, and Custom Plan: Each family is unique. An experienced lawyer can help you tailor a parenting plan that works for your specific circumstances, taking into account:

  • Your child’s age, needs, and routine
  • Your work schedules and commitments
  • The co-parenting dynamic

Lawyers ensure the language of the plan is clear and enforceable, reducing the risk of future misunderstandings.

3. Avoiding Common Pitfalls: DIY parenting plans often contain vague or unenforceable terms. A family lawyer can help you avoid mistakes such as:

  • Inconsistent or overly general wording
  • Failing to account for holidays and school breaks
  • Not specifying how future disputes will be resolved

By catching these issues early, your lawyer helps you avoid costly conflicts later.

4. Understanding Legal Rights and Obligations: Whether you’re seeking joint decision-making or negotiating over parenting time, it’s vital to understand your legal position. Your lawyer will:

  • Clarify the relevant legal framework
  • Explain how the courts interpret parenting arrangements
  • Help you assess your options based on case law and precedent

This allows you to make informed decisions that are fair, reasonable, and legally sound.

5. Reducing Conflict and Promoting Cooperation: A lawyer acts as a buffer between parents during high-conflict negotiations. They may also recommend and facilitate Alternative Dispute Resolution options like:

  • Mediation
  • Arbitration
  • Parenting coordination

These methods are often more effective, less adversarial, and less expensive than litigation.

6. Drafting Legally Enforceable Agreements: Once a parenting plan is agreed upon, your lawyer can draft a legally binding agreement or assist with filing an order in court. This adds enforceability and protection for both parents.

Without legal oversight, informal agreements may be difficult to enforce, particularly if one party changes their mind.

7. A Parenting Plan Is a Living Document: A parenting plan should evolve as your child grows and circumstances change. A lawyer can:

  • Build in flexibility for future changes
  • Establish a review process
  • Modify existing orders through court (if needed)

Having trusted legal advisors ensure you can revisit and revise the plan properly as needed.

Kirk Montoute Dawson LLP Can Help

Working with a family lawyer to develop your parenting plan gives you more than just legal expertise; it provides peace of mind by creating a reliable, child-focused framework that reduces conflict, clarifies responsibilities, and promotes stability during an otherwise challenging time.

If you require guidance on creating or modifying a parenting plan, our experienced family law team can help. We understand the importance of putting children first while protecting your parental rights parent.

Author: Kirk Montoute Dawson LLP

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