When parents separate or divorce, one of the most important issues to resolve is how parenting time and decision-making responsibilities for their children will be shared.
A parenting order in Alberta provides legal clarity and structure—but what happens if one parent doesn’t comply? Here’s what you need to know about parenting orders, how to apply for one, and what to do if it needs to be enforced.
What Is a Parenting Order in Alberta?
A parenting order is a court-issued document that sets out the parenting arrangements between guardians. It defines how major decisions will be made for the child, as well as details around parenting time—such as where the child will live and how often they will see each parent.
In Alberta, parenting orders fall under the Family Law Act or the Divorce Act; those granted under the Divorce Act pertain to parents who were legally married whereas those granted under the Family Law Act pertain both to parents who are or were legally married as well as those who were never married. These orders are crucial to help reduce conflict and ensure that the best interests of the child remain the focus.
Parenting Order vs. Contact Order: What’s the Difference?
It’s common for parents and guardians to confuse parenting orders with contact orders, but they serve different legal purposes in Alberta.
Parenting Order
A parenting order is typically issued when two guardians (usually parents) are no longer together and need legal guidance on how to share parenting responsibilities. This includes:
- Where the child will live
- A detailed parenting schedule (parenting time)
- How major decisions will be made (e.g., education, healthcare, religion)
- Communication methods between parents and with the child
- Guidelines for travelling with the child
Parenting orders are available under both the Family Law Act (for unmarried or married parents) and the Divorce Act (for divorced or divorcing couples).
Contact Order
A contact order is different in that it’s designed for non-guardians who wish to have a relationship with the child. These may include:
- Grandparents
- Aunts, uncles, or other extended family
- Stepparents or individuals who had a close relationship with the child
Contact orders outline the form and frequency of communication, which could involve:
- Scheduled visits
- Phone or video calls
- Letters or other indirect contact
While parenting orders relate to guardianship and decision-making authority, contact orders do not grant any legal parenting rights. Instead, they simply provide a legal pathway for non-guardians to maintain meaningful relationships with a child who is not biologically their own.
Who Can Apply for a Parenting Order in Alberta?
Not everyone can apply for a parenting order in Alberta. This legal remedy is reserved for individuals who meet specific criteria related to guardianship and the child’s best interests.
Individuals Who Can Apply Include:
- Biological or adoptive parents who are recognized as guardians under Alberta’s Family Law Act
- Legal guardians (including those who have become guardians through an agreement or a previous court order)
If you are not currently a guardian but wish to become one, you must first be granted a guardianship order before requesting a parenting order.
Considerations Before Applying:
- Is there an existing guardianship arrangement or parenting order?
- Is there a dispute over parenting time, decision-making, or custody?
- Are you seeking to formalize an informal parenting agreement?
In all cases, the court’s primary concern will be the best interests of the child, including their physical, emotional, and psychological well-being.
How to Apply for a Parenting Order
Applying for a parenting order can feel overwhelming, especially if the relationship between parents or guardians is strained. However, Alberta courts provide a structured process to ensure that the child’s needs come first.
The general steps include:
1. Determining the Appropriate Legislation
- If you're separated or never married: you may only apply under the Family Law Act
- If you're divorcing or divorced: you may apply under the Divorce Act or the Family Law Act
2. Completing the Required Forms
- Forms vary depending on the court and the legislation you're using
- You may need:
- Claim or Application
- Statements or Affidavits supporting your request
- A proposed parenting plan
3. Filing the Forms at the Correct Court
- File with the Alberta Court of Justice or Court of King’s Bench if you are applying under the Family Law Act
- File with the Alberta Court of King’s Bench only if you are applying under the Divorce Act
- Filing fees may apply, though fee waivers are available in some cases
4. Serving the Other Party
- You must officially notify the other guardian by providing them with copies of your filed materials, known as “service”
- They’ll have an opportunity to respond or contest your application
5. Attending Dispute Resolution (If Required)
- Alberta encourages alternative dispute resolution (like mediation) before proceeding to court
- This is currently mandatory in the Court of King’s Bench of Alberta
6. Attending a Court Hearing (If Needed)
If no agreement is reached, a judge or justice will review the evidence and make a decision based on the child’s best interests.
7. Receiving the Parenting Order
If granted, the order will clearly define parenting responsibilities and may include enforcement clauses. While it’s possible to apply on your own, family law is complex—and having an experienced family lawyer can help ensure the best outcome for you and your child.
Enforcing Parenting Orders in Alberta
When a parenting order is in place, it is legally binding—both parties are required to follow the terms exactly as laid out by the court. Unfortunately, non-compliance is not uncommon. If a parent refuses to allow parenting time, deviates from the agreed schedule, or otherwise violates the order, legal action may be necessary.
Common Enforcement Issues Include:
- One parent not returning the child at the scheduled time
- Ignoring scheduled parenting time
- Refusing to communicate about the child’s welfare
- Withholding a child from another parent without a court order
- Making decisions regarding the child without consent of the other guardian
- Withholding information about the child with the other guardian
If a parent isn’t following a parenting order, the other parent can file an Application to have the other parent held in contempt of court. Various contempt remedies may be granted including ordering make-up parenting time, imposing fines, or involving police if permitted. Since this process can be complicated, it’s important to work with a family lawyer who can help you navigate the process, prepare the necessary documents, and advocate for your rights.
What to Do When One Parent Withholds a Child From the Other Parent
Withholding a child from another parent without a court order is a serious matter. In Alberta, unless there is a court order allowing it, a parent cannot unilaterally deny the other parent their court-ordered parenting time.
This situation often arises when emotions are high, but it can have legal consequences, including being held in contempt of court.
If your child is being withheld from you, or if you're facing accusations of withholding, it's essential to speak with a family lawyer right away. At Richmond Tymchuk Family Law, we can help you understand your rights, gather the necessary documentation, and take legal action if required.
Speak to an Experienced Family Lawyer
Whether you’re applying for a parenting order or trying to enforce one, working with a family lawyer ensures that your rights—and your child’s best interests—are protected. At Richmond Tymchuk Family Law, we’ve helped hundreds of Alberta families navigate the legal system and resolve complex parenting issues.
Contact us today to schedule a consultation.
