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Family Law Services
Parenting disputes can be some of the most difficult issues to navigate after separation. Decisions about where your child lives, how parenting time is shared and who makes important decisions can affect your family long after the legal process ends.
Custody, Access & Guardianship
As a parent, you must decide where your children are going to live, who has access to them and on what terms when you are processing your divorce. These decisions are emotionally charged and fraught with legal requirements. Deciding on custody and guardianship, place of residence, discipline, education, and consent to medical treatment are just a few items you must address and agree on before you can finalize your divorce.
At Richmond Tymchuk Family Law LLP, we can help parents work through issues involving parenting time, decision-making responsibilities, guardianship, schedules, and other important matters. Where possible, we focus on reducing conflict and helping parents establish arrangements that provide stability and clarity for their children.
When agreement is not possible, we use our litigation experience to advocate for your position and help the court understand the issues affecting your child and family.
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The best interests of the child guide parenting decisions under both Alberta and federal family law. Under the Divorce Act, courts must give primary consideration to a child’s physical, emotional and psychological safety, security and well-being.
Factors can include the child’s:
The circumstances of each child and family are considered as a whole rather than applying a standard parenting arrangement.
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Parenting time generally refers to the time a child spends in each parent’s care. Arrangements can vary significantly depending on the child’s needs and the family’s circumstances.
Decision-making responsibility refers to authority over important decisions affecting a child. Under the Divorce Act, that responsibility can be allocated to one parent, both parents or, in some circumstances, another person. Day-to-day decisions are generally made by the person caring for the child during their parenting time unless a court orders otherwise.
We’ll help you develop or negotiate parenting arrangements that clearly address both parenting time and decision-making responsibilities.
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Under Alberta’s Family Law Act, guardianship is tied to the legal authority and responsibility to make decisions concerning a child. In most circumstances, a child’s parents are also their guardians.
If guardians separate and agree on how they will handle parenting responsibilities, they may be able to continue without a parenting order. When disagreements arise, either guardian may apply for an order that addresses parenting time, responsibilities and how future disputes will be managed.
Someone who is not already a guardian may also be able to apply for guardianship in certain circumstances.
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Parenting arrangements need to work beyond the legal documents. They may need to address school schedules, holidays, transportation, extracurricular activities, communication between parents and how important decisions will be made.
Our team helps parents look beyond the immediate disagreement and consider how an arrangement will function over time. Where parents can work together, negotiation or mediation may provide a more constructive path to resolution. Reducing parental conflict can also help limit the impact of separation on children.
Children’s needs and family circumstances can change over time, which may mean an existing parenting arrangement no longer works. We can review your current agreement or order, explain your options and help you make changes through agreement or the appropriate legal process.
Parenting disputes involve more than legal rights. They affect your child’s routines, relationships and sense of stability. We provide experienced, thoughtful guidance to help you understand your options, reduce unnecessary conflict where possible and work toward arrangements that support your child and family moving forward.
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Reach out to schedule a private consultation with one of our family lawyers. We understand the importance of timely guidance and will connect with you as soon as we can.
