Centobin Law Office does not accept contested family law matters or family litigation. We do not represent parties in disputed divorce, parenting, custody, child support, spousal support, or family property proceedings where court litigation is required. Our family law services are intended for clients whose matters are uncontested, cooperative, or capable of being resolved by agreement without litigation. If a matter becomes contested and requires court proceedings, clients may need to retain separate family litigation counsel.
A child custody agreement records the parenting time and decision-making responsibility that two parents have settled between themselves, under Alberta’s Family Law Act or the federal Divorce Act. Centobin Law Office in Calgary prepares parenting plans and consent orders for parents who have reached agreement, and provides independent legal advice to a parent who has been asked to sign one.
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The arrangements below are the ones Alberta law recognises. Parents who agree can choose any of them, provided the result serves the child. Nothing here requires a judge to decide for you.
What the arrangement is called matters less than whether the schedule, the decision-making, and the support figure are consistent with one another. Most agreements that fail later fail because those three were settled separately.
Joint custody in Alberta means both parents share the legal authority to make important decisions about their child’s health, education, religious upbringing, and extracurricular activities. Joint custody does not require an equal split of parenting time — one parent may have the child for a larger share of the schedule while both parents retain decision-making responsibility. It is the arrangement most often agreed where parents can communicate and cooperate on significant decisions.
Sole custody in Alberta means one parent has the child living with them for more than 60% of the time and holds decision-making authority on major issues. The other parent typically has specified parenting time and makes routine decisions during it. Parents sometimes agree on this arrangement because it reflects how care is already divided. Where one parent does not agree, the question is contested and belongs with family litigation counsel.
Split custody applies to families with multiple children, where some children live primarily with one parent and others with the other. Each parent pays child support to the other based on the children in the other’s care, and the net difference determines the actual obligation. The arrangement is less common and should be agreed only where it genuinely serves each child.
Parents who agree are not free to agree to anything. An arrangement that does not serve the child can be set aside, and a court asked to turn it into a consent order can decline. These are the factors the Family Law Act and the Divorce Act direct attention to.
A plan that covers only the weekly schedule is the plan most likely to come apart. These are the terms worth settling while you are still agreeing.
Which statute governs your arrangement depends on whether you are divorcing. Married spouses seeking a divorce proceed under the federal Divorce Act; unmarried parents, adult interdependent partners, and married couples not seeking a divorce proceed under Alberta’s Family Law Act. The practical difference is which Act your terms are later varied under, so it is worth recording the right one from the start.
| Family Law Act (Alberta) | Divorce Act (Canada) | |
|---|---|---|
| Applies to | Unmarried parents, AIP partners, and non-divorce married couples | Married spouses seeking divorce |
| Key terms | Parenting time, decision-making responsibility, guardianship | Decision-making responsibility and parenting time (2021 amendments) |
| Variation of terms | Varied under the Family Law Act | Varied under the Divorce Act |
| Governing standard | Best interests of the child | Best interests of the child |
| Where filed | Alberta Court of King’s Bench (Family Division) | Alberta Court of King’s Bench |
Centobin Law Office will say at the first consultation whether your matter is one the firm can take. These are the situations where it is not.
Drafting the written agreement that records parenting time, decision-making, holidays, communication, and relocation notice.
Turning an agreed parenting plan into a consent order so the terms are enforceable as a court order.
Reviewing a plan the other parent’s lawyer prepared, explaining what it means, and certifying the advice before you sign.
Checking the agreed schedule against the 40% shared-parenting threshold so the support figure is the right one.
No. The firm documents parenting arrangements that parents have agreed on, and provides independent legal advice to a parent asked to sign one. Where parenting time or decision-making is in dispute and a court application is required, the matter is contested and you will need family litigation counsel.
Alberta replaced “custody” and “access” with “guardianship,” “parenting time,” and “contact” under the Family Law Act. Guardianship is a parent’s legal authority to make decisions about their child, and both parents are presumed to be guardians unless a court orders otherwise. Parenting time is the schedule of when each guardian has the child; contact refers to time with a non-guardian, such as a grandparent.
A written parenting agreement is binding between you. Parents often also file a consent order so the terms are enforceable in the same way as any court order, which matters if circumstances later change. Centobin Law Office can prepare either, provided both parents agree on the terms.
Alberta’s Family Law Act does not favour one parent over another based on gender. The test is the best interests of the child, considering existing relationships, each parent’s ability to provide care, and the benefit of maximising contact with both parents. Equal or near-equal arrangements are common where both parents are capable and willing.
At 40% of the time or more, the arrangement is shared parenting, and child support is calculated differently than where one parent has the child most of the time. It is worth checking your proposed schedule against that threshold before you settle a support figure, because crossing it in either direction changes the number.
Yes. One lawyer cannot advise both parents, because your interests differ even where you agree. The usual arrangement is that one parent’s lawyer prepares the agreement and the other parent obtains independent legal advice before signing. Agreements made with advice on both sides are far harder to unpick later.
If you and the other parent have settled how your children will be cared for, Centobin Law Office can record it properly and advise you on what you are signing.
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