1. Child Custody and Parenting
Family Law Series - Child Custody and Access
Child Custody and Parenting
In partnership with the Edmonton Public Library
Updated November 2013
Edmonton Community Legal Centre (780)

2. Agenda Introductions How this evening’s presentation will proceed
Housekeeping – washroom locations
You have three things in front of you:
A copy of this PowerPoint
A resource sheet
A feedback form that we ask that you fill out before you leave tonight to help us improve these sessions.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

3. Disclaimer
The information presented during this session may have limited application to your particular situation.  The lawyers who are here this evening CAN provide legal information that may give you a greater understanding of how the law might apply to your own situation.  The lawyers who are here this evening CAN NOT provide you with individual legal advice.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

4. Legal Assistance Legal Aid – (780) 427-7575
Student Legal Services – (780)
Law students
Simple support/variation applications; Substituted service orders; Do Your Own Divorce Clinics
Duty Counsel
Provincial Court – Courtroom 441
Court of Queen’s Bench – Courtroom 314 and 612
Limited scope retainer
Pro bono legal services
Summary legal advice (where available)
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

5. Contents Take a Child Focused Approach Legal Terms
Family Law Series - Child Custody and Access
Contents
Take a Child Focused Approach
Parenting After Separation
Other Workshops
Mediation
Legal Terms
Choosing Which Court
“Best Interests”
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

6. Contents Parenting Plans Court Proceedings Other Related Topics
Family Law Series - Child Custody and Access
Contents
Parenting Plans
Court Proceedings
Other Related Topics
Mobility
Variation
Appeals
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

7. Resolving Issues Out of Court
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

8. A. Take a Child Focused Approach
How a child reacts to their parent separation will depend on age, level of emotional development, attachment or relationship history, and most importantly, how respectful the parents are toward one another.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

9. A. Take a Child Focused Approach
In most cases, children want to spend time with both parents.
It is generally in a child’s best interest to have time with both parents.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

10. 1. Parenting After Separation
No-cost, 6-hour workshop
Helps parents understand process and effects of separation
Encourages positive choices by parents about how to continue to parent after separation
Mandatory attendance for Queen’s Bench
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

11. 1. Parenting After Separation
Voluntary attendance for Provincial Court, unless ordered by the Court
In Edmonton, call (780)
To download manual: <
Notice of Mandatory Seminar handout available on side table
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

12. 1. Parenting After Separation
Course topics include:
Relationship building
Effect of separation on parents and on children
Communication skills
Legal issues
Mediation and collaborative family law
Parenting plans
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

13. 2. Other Workshops Focus on Communication in Separation
Parenting after Separation for High Conflict Families
See handout – Recognizing High Conflict Coparental Relationships (from page 21 of PAS Manual)
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

14. 3. Mediation
Parents meet with neutral mediator who helps them come to an agreement
Approximately 80% success rate
Best to do early in the process (soon after separation or even before separation)
Not appropriate for all situations (e.g. family violence)
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

15. B. Legal Terms Guardianship
Family Law Series - Child Custody and Access
B. Legal Terms
Guardianship
A guardian is the person who is responsible for the care, maintenance, and well-being of the child.
Each parent will generally be a guardian of the child (some exceptions for unmarried parents)
“Custody” and “access” are aspects of guardianship
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

16. B. Legal Terms Custody and Access
Family Law Series - Child Custody and Access
B. Legal Terms
Custody and Access
Often referred to Parenting Time/Parenting Plan/Parenting Arrangement.
Two Basic Components:
Decision Making
Scheduling/Residential Arrangement/Parenting Time
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

17. Family Law Series - Child Custody and Access
1. Decision Making
Parents who are guardians have joint decision-making authority, unless limited by agreement or Court Order
Means both guardians can make decisions affecting their children (e.g. education, health care)
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

18. Family Law Series - Child Custody and Access
2. Scheduling
Primary residence - child resides with one parent more than 60% of the time over the course of a year
Split residence – each parent has primary residence of 1 or more children
Shared residence – child has residence with each parent 40%-60% of the time over the course of a year
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

19. B. Legal Terms “Sole” or “Joint” custody
Family Law Series - Child Custody and Access
B. Legal Terms
“Sole” or “Joint” custody
These terms relate to decision making abilities of the parents and not the residential schedule
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

20. B. Legal Terms Joint Custody (most likely)
Family Law Series - Child Custody and Access
B. Legal Terms
Joint Custody (most likely)
Awarded when both parents are capable parents.
Day-to-day decisions generally made by the parent with whom the child is residing, but major decisions must always be made by both parents
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

21. B. Legal Terms Sole Custody (rare) One parent has full custody.
Family Law Series - Child Custody and Access
B. Legal Terms
Sole Custody (rare)
One parent has full custody.
Child resides with one parent and this parent makes all of the decisions.
Parent without custody usually has some access to the child.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

22. B. Legal Terms
Access
Parent with “access” has the right to question and be given information regarding the welfare of the child (e.g. teachers, doctors, coaches)
Parent with “access” has the right to parenting time with the child
Access is the right of the child and not the parent.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

23. B. Legal Terms Contact Order
Family Law Series - Child Custody and Access
B. Legal Terms
Contact Order
Refers to contact between a child and a person who is not a guardian.
Must apply to the court for a contact order. Must also first ask permission (referred to as leave) to apply for this order.
Exception for grandparents where parents are separated or one parent is dead.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

24. C. Choosing Which Court Court of Queen’s Bench Provincial Court
Family Law Series - Child Custody and Access
C. Choosing Which Court
Court of Queen’s Bench
Divorce Act (married people only)
Family Law Act (unmarried and married)
Provincial Court
Family Law Act only (unmarried and married)
If proceeding under Family Law Act, which Court is most appropriate for your situation?
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

25. Family Law Series - Child Custody and Access
D. “Best Interests”
Standard used by the Court in family law to make decisions that impact children
Parents should use this standard
Courts always make decisions based on what is in a child’s best interest
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

26. Family Law Series - Child Custody and Access
D. “Best Interests”
This includes considering what parenting arrangement will address:
maximum contact with both parents,
views of child (depending on how appropriate)
any family violence
plans prepared for care and upbringing,
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

27. Family Law Series - Child Custody and Access
D. “Best Interests”
Each parent’s ability to provide for physical, psychological, and emotional needs of child,
importance of keeping siblings together; and
any other important factors.
cultural, linguistics, religious, and spiritual upbringing,
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

28. E. Parenting Plans Best interests of the child are always the focus.
Family Law Series - Child Custody and Access
E. Parenting Plans
Best interests of the child are always the focus.
No “entitlement” to 50/50 or to primary care.
Must consider all circumstances of child and parents and what will work from a practical point of view
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

29. E. Parenting Plans No “one size fits all” approach
Family Law Series - Child Custody and Access
E. Parenting Plans
No “one size fits all” approach
What is in child’s best interests may change as child gets older
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

30. E. Parenting Plans Should address: Decision making
Family Law Series - Child Custody and Access
E. Parenting Plans
Should address:
Decision making
Parenting time (including holidays and special occassions)
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

31. E. Parenting Plans May address: Dispute resolution mechanism
Family Law Series - Child Custody and Access
E. Parenting Plans
May address:
Dispute resolution mechanism
Communicating child-related information to other parent
Future changes to parenting plan
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

32. Family Law Series - Child Custody and Access
F. Court Proceedings
If no agreement is possible, then the matter will proceed to court.
The judge can make an interim or final Parenting Order.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

33. F. Court Proceedings Interim Final
Family Law Series - Child Custody and Access
F. Court Proceedings
Interim
Judge’s decision will only last until the next court date or hearing.
Final
Judge’s decision is indefinite (until future agreement or order changes it)
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

34. Family Law Series - Child Custody and Access
F. Court Proceedings
Going to court is usually not in a child’s best interest
Use as last resort
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

35. F. Court Proceedings Practice Note 7 – Intervention
Family Law Series - Child Custody and Access
F. Court Proceedings
Practice Note 7 – Intervention
Parenting expert will not provide opinion on what is in child’s best interests
Makes recommendations to Court for process that may assist family in addressing and resolving parenting issues
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

36. F. Court Proceedings Practice Note 7 (cont.)
Family Law Series - Child Custody and Access
F. Court Proceedings
Practice Note 7 (cont.)
Evaluative intervention – provides information to assist Court
Therapeutic intervention – works toward resolution
Costs – generally paid by both parties (subsidies may be available)
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

37. F. Court Proceedings Practice Note 8 – Parenting Time Assessment
Family Law Series - Child Custody and Access
F. Court Proceedings
Practice Note 8 – Parenting Time Assessment
Where Practice Note 7 not successful (or would be ineffective)
Full assessment in which parenting expert makes recommendations on what is in a child’s best interests
Costs – generally paid by both parties (subsidies may be available)
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

38. F. Court Proceedings
Litigations, trials, and contested hearings are required in a very small number of cases.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

39. G. Other Related Topics Mobility Variation Appeals Other Topics
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

40. i. Mobility Where one parent wishes to move with the child(ren).
No presumptions in favour or against a parent being able to move the child.
Determined by the best interests of the child.
Purpose and distance are important considerations.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

41. i. Mobility Sometimes changes to parenting plan can make a move work.
Sometimes both parents decide to move.
If a move has already occurred, action should be taken quickly.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

42. Family Law Series - Child Custody and Access
ii. Variation
Possible to vary order if circumstances have changed since order or agreement.
Still have to look at best interests of child(ren).
No order related to children is ever “permanent”.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

43. iii. Appeals 30 days to make an appeal after an order has been made.
Family Law Series - Child Custody and Access
iii. Appeals
30 days to make an appeal after an order has been made.
Appeals of interim orders are usually considered unwise.
Limited chance of success after hearing has occurred.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics
Edmonton Community Legal Centre (780)

44. Reminder
Please fill out the feedback forms. Your input is essential in helping us to improve future sessions.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics

45. Disclaimer
The information presented during this session may have limited application to your particular situation.  The lawyers who are here this evening CAN provide legal information that may give you a greater understanding of how the law might apply to your own situation.  The lawyers who are here this evening CAN NOT provide you with individual legal advice.
Child Focused
Legal Terms
Choosing Which Court
“Best Interests”
Parenting Plans
Court Proceedings
Other Topics