When a relationship involving children ends, parents must make decisions about how to share care and make important decisions for their children.
Parenting arrangements are not permanent, and as children grow and family circumstances evolve, an existing child custody or parenting order may no longer reflect what is best for the child and may need to be updated. In Alberta, parenting arrangement changes are permitted, but only when specific requirements are met, and the proposed change serves the child’s best interests.
What is Child Custody in Alberta?
In Alberta, the term child custody is no longer used in legislation. Instead, it has been replaced by parenting arrangements and decision-making responsibility under the Family Law Act and the federal Divorce Act.
Decision-making responsibility refers to who has the legal authority to make major decisions for a child, including matters related to education, healthcare, religion, extracurricular activities, and travel. This responsibility may be held by one parent alone or shared jointly between both parents.
Parenting time refers to when a child is in each parent’s care. Together, parenting time and decision-making responsibility form the parenting arrangement.
How to Change Child Custody in Calgary
To change an existing parenting or custody arrangement in Calgary, Alberta, there must be a material change in circumstances, which is a significant change that affects the child’s well-being and was not anticipated when the original agreement or court order was made.
The proposed change must also be in the child’s best interests, which is the primary consideration for the courts.
Examples of circumstances that may justify a change in parenting arrangements include:
- A parent relocating to another city or province
- A change in the child’s medical, emotional, or developmental needs
- A significant change in a parent’s work schedule, health, or living situation
- Concerns about the child’s safety or stability
- Repeated breaches of an existing parenting order
- Evidence of parental alienation or a deteriorating parent-child relationship
Changing Child Custody When Parents Agree
If both parents agree to the change in parenting arrangements, custody can often be modified without contested court proceedings. Parents may negotiate directly or use alternative dispute resolution methods such as mediation, arbitration, or parenting coordination to reach a revised parenting plan. Once an agreement is reached, it can be formalized through a Consent Order, which is submitted to the court for approval. A Consent Order makes the new parenting arrangement legally enforceable.
This approach is typically faster, less expensive, and allows parents to maintain greater control over the outcome.
Changing Child Custody When Parents Do Not Agree
When parents cannot agree on a change in child custody, the parent seeking the change must apply to the court for a variation order.
The applicant must demonstrate that there has been a material change in circumstances and that the proposed change is in the child’s best interests.
The court will assess factors such as the child’s needs, each parent’s ability to provide stability, and the existing parenting history before making a decision.
Changing a Child Support Order in Alberta
Child support arrangements may also need to be updated if circumstances change.
Common reasons for modifying child support include:
- Changes in a parent’s income
- Adjustments to parenting time
- Evolving needs of the child
Parents may apply to the court to vary an existing child support order, or, in some cases, use Alberta’s Child Support Recalculation Program if the order allows for recalculation.
Parents who agree on updated support terms can also formalize changes through a Consent Order, ensuring the new arrangement is legally enforceable.
How to Establish Paternity in Alberta
Before parenting or support arrangements can be modified, paternity must be established if it is unclear. In Alberta, paternity can be confirmed voluntarily through acknowledgement at birth or later, or through a court-ordered DNA test.
The Family Law Act outlines the process for establishing a declaration of parentage, identifies who is presumed to be a parent, and explains the resulting rights and responsibilities.
How Kirk Montoute Dawson Can Help Establish Parenting Arrangements in Calgary
Kirk Montoute Dawson LLP provides Calgary families with practical, child-focused legal guidance on child custody matters. Whether through negotiation, mediation, alternative dispute resolution, or court applications, our family law lawyers help parents create parenting and support arrangements that prioritize the child’s best interests while minimizing conflict and stress. We work to ensure clarity, fairness, and enforceable solutions tailored to each family’s unique situation.
If you are considering changing a parenting arrangement, establishing paternity, or updating child support, contact Kirk Montoute Dawson LLP to discuss your options and receive legal advice tailored to your family’s circumstances.