Fast Facts on Child Custody, Parenting and Access

Home | Family Law | Divorce | Child Custody

Photo of parent holding the hand of a child, arranged by the lawyers at The Family Law who regularly handle family law legal services related to child custody, child support, spousal support, family violence and property division.#1: Child Custody and Parenting are effectively the same thing.  Custody is a term under the Divorce Act of Canada.  Parenting is a term from the Family Law Act.

#2:  "Parenting time"  addresses not only which parent is with the child, but also the time period when they are together.

#3: The term "Custody" often only addresses who has decision making power regarding the child.

#4: The decision on who should be the custodial parent is made by The Courts, based on past de facto custody ("status quo"), parental suitability and parental circumstances.

#5: If both parents are equally suited to be custodial parents, the Courts may award "shared" custody between both parents.  

#6: Failing to hire a lawyer to represent your interests creates a status quo that will make your position less favorable in the eyes of the Court.

#7: Parents almost always get access as this is almost always in the best interest of the child.  The only way to restrict access is by proving the visit would truly put a child in physical danger.

The Family Law Firm - in the media

Listen to two radio segments from The Ryan Jespersen Show on 630 CHED, originally recorded on September 12, 2016.  Edmonton family lawyer Jennifer Galarneau, co-founder of The Family Law Firm, participated in an on-air discussion regarding divorce, separation and whether the family law system fails Fathers.

Part 1


Part 2

On December 20, 2016, Co-founder Jennifer Galarneau participated in an on-air discussion regarding child custody challenges during the holidays. Listen to the radio segment from The Ryan Jespersen Show on 630 CHED.

You have questions about Alberta law. We have answers.

Q: When is the right time to file for Separation?
A: Decisions on when to file for Separation involve multiple legal considerations and, as such, should be done with the help of an experienced Family Law lawyer. For example, if you are sure that you are going to get divorced and still file for Separation, your actions could be viewed as duplicitous (read as doubly expensive). Alternatively, if you are unsure about whether to file for divorce and file for Separation, the Courts will consider your separation effective from that date, a decision that may or may not be favorable for you.

Read More FAQs

We have answers for your Child Custody questions.

Name: *
Phone Number:
E-mail Address: *
Please provide a description of your legal problem:

Please wait while we load the rest of the form.

Feedback from our family law clients

"You are a life saver! Thank you so much."

C.W.

Website Design By: edmonton website design - Selaris Web Media Inc.
Website Content By: Words at Work Advertising and Marketing