When families navigate the complexities of separation or divorce in Alberta, one of the most critical considerations is the well-being of the children involved. Alberta’s family law framework emphasizes arrangements that best support children’s physical, emotional, and social needs. This blog post aims to clarify the concept of parenting arrangements in the Alberta context, distinguishing between shared parenting and primary care, to help parents make informed decisions during a separation or divorce. 

What is a Parenting Arrangement? 

A parenting arrangement refers to the agreement between parents about how they will care for and make decisions for their children after a separation or divorce. This arrangement covers various aspects, including but not limited to, where the children will live, how much time they will spend with each parent, and how decisions regarding their upbringing will be made. In Alberta, the legal framework encourages parents to consider the best interests of the children as the paramount consideration in forming these arrangements. 

Shared Parenting in Alberta 

Shared parenting is a model where both parents have relatively equal time and involvement in their children’s lives. It is designed to ensure that children maintain a strong relationship with both parents after a separation. In Alberta, shared parenting typically means that the children spend at least 40% of their time with each parent. This arrangement supports the idea that children benefit from the active and ongoing involvement of both parents in their lives. 

• Benefits: Shared parenting allows children to maintain significant relationships with both parents, which can contribute to their emotional stability and development. It also enables parents to share the responsibilities and joys of parenting more equally. 
• Considerations: Effective communication and cooperation between parents are crucial in a shared parenting arrangement. It requires a commitment to making joint decisions and resolving disputes in ways that prioritize the children’s best interests. 

Primary Care Arrangement 

A primary care arrangement means that the children reside primarily with one parent, who is responsible for their day-to-day care. The other parent typically has access rights, including regular visits and involvement in the children’s lives. This model might be chosen for various reasons, including the children’s needs, parents’ work schedules, or other practical considerations. 

• Benefits: For some families, primary care arrangements provide stability and consistency, especially when frequent transitions between homes might be challenging for the child. 
• Considerations: It’s essential for the parent who does not have primary care to maintain an active, involved role in the children’s lives. Alberta law emphasizes the importance of supporting the children’s relationships with both parents, regardless of the parenting arrangement. 

Implications for Child Support Payments 

In addition to understanding the types of parenting arrangements, it’s crucial for separating or divorcing parents in Alberta to comprehend the implications these arrangements have on child support. Alberta’s family law stipulates that child support is a legal obligation to ensure that children continue to benefit from the financial support of both parents, akin to what they would have received if the family remained together.  

The nature of the parenting arrangement—whether shared parenting or primary care—significantly influences the calculation of child support payments. In shared parenting scenarios, where the child spends at least 40% of the time with each parent, the amount of child support may be adjusted based on the income of both parents and the costs associated with raising the children in two households. Conversely, in a primary care arrangement, the non-primary care parent typically pays child support to the primary caregiver, calculated according to Alberta’s child support guidelines, which consider the payer’s income and the number of children. Understanding these financial responsibilities and how they relate to different parenting arrangements is essential for ensuring that the children’s financial needs are adequately met following a separation or divorceTop of Form 

Legal Support for Parenting Arrangements in Alberta 

Navigating parenting arrangements can be complex, and legal advice is often beneficial. Lawyers can help draft a detailed parenting plan that outlines each parent’s rights and responsibilities, ensuring the agreement aligns with Alberta’s family law standards and serves the children’s best interests. 

Conclusion 

In Alberta, the focus is on crafting parenting arrangements that support children’s health, happiness, and development post-separation. Whether considering shared parenting or a primary care arrangement, the paramount consideration is always the well-being of the children involved. For parents going through a separation or divorce, understanding these options is the first step toward making informed decisions that reflect the best interests of their children. 

At Jaswal Law, our dedicated family law team is committed to guiding you through the process of developing a parenting arrangement that best suits your family’s unique needs, always keeping your children’s best interests at the forefront. For more information or to seek legal advice on your parenting arrangement, visit our website at www.jaswal-law.ca or contact us at info@jaswal-law.ca. 

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized advice regarding your situation, please consult with a legal professional.