Strategies for Successfully Parenting After Separation in Alberta
Parents who separate in Alberta should understand their legal rights and obligations, so that they are better placed to avoid disputes, court battles, and unnecessary stress for their children.
Expecting a completely smooth co-parenting process, without any “bumps in the road”, may not be realistic.
However, with the right approach, co-parents can work together with detailed parenting plans and clear communication to make the transition as seamless as possible for children.
Let’s consider the main strategies for accomplishing this.
Alberta’s Parenting After Separation (PAS) course
A recommended place to start for separating and divorcing parents is the Parenting After Separation (PAS) course.
This is a free, online educational program designed to minimize the impact of a separation on the children. The course requires parents to work together and can provide valuable insight into:
- The main laws that impact you and your children.
- The legal processes during separation and divorce, including the value of mediation and alternative dispute resolution methods, rather than litigation.
- Understanding how children might feel when their parents separate and how parents can best support them.
- The best ways to communicate when co-parenting during and after separation to help avoid conflict.
- Strategies for resolving problems and finding solutions to common issues.
Another program to consider for families already working through major disputes is Parenting After Separation for High-Conflict Families (PASHC).
This provides specialized guidance for families with high-conflict disagreements and focuses on:
- Reducing tension between parents.
- Minimizing the risk of further conflict.
- Creating a parenting plan that promotes a stable environment for the children.
What main factors should parenting plans consider?
Most experienced family lawyers in Alberta will encourage you to resolve any issues through alternative dispute resolution methods, such as mediation or collaborative law.
These efforts will aim to create a parenting agreement that addresses all the key needs of the children and protects their best interests.
A good place to start is to familiarize yourself with the main governing legislation contained in the Family Law Act, including the main factors the court must evaluate during cases:
- Your child’s needs: Including their physical, psychological, and emotional needs.
- The stability of the environment: Courts must prioritize stability appropriate to the child’s age and development.
- The main relationships: The history of care and their relationships with each parent.
- Background and upbringing: The child’s cultural, linguistic, religious, and spiritual upbringing.
- The child’s preferences: If the child is mature enough to express a meaningful opinion.
- Safety factors: Any history of family violence and its potential impact on the child’s safety and well-being.
Even if court intervention is not required, parents in Alberta should consider these factors after separation.
It may go without saying that parents should also take the time to listen to their children and guide them through the turbulent times. Adults must make the final decisions but the children need to understand the reasons behind them.
If parents can put aside their personal differences and focus on what’s best for the child, a smooth transition is more likely. Some family situations require a court to decide, however. The judge will consider all the main factors outlined, as well as each parent’s ability and willingness to co-parent and communicate effectively to support their child.
Decisions will be made in the best interests of the children. Past behavior by parents is only considered if it impacts parenting capabilities, most notably any history of violence or abuse that could endanger the child.
In some cases, external experts like social workers, mental health specialists, or psychologists may be appointed by the court to conduct independent assessments.
How do you meet the child’s financial needs?
How parents fulfill their obligation to support their children financially is another key consideration during separation and divorce.
Both parents share this responsibility but a child usually ends up spending more time with one parent than the other. The non-primary caregiver for the child must usually make up the financial deficit through regular child support payments.
Support amounts are determined by the Federal Child Support Guidelines, and are typically based on:
- Each parent’s income.
- The number of children.
- Parenting time arrangements.
You should work with your co-parent to create a child support agreement that clearly lays out the financial responsibilities of each parent, maintains the financial stability of the child, and helps prevent disputes.
Common-law separation and co-parenting
In Alberta, common-law parents in Adult Interdependent Partnerships (AIPs) have similar rights and responsibilities to married parents.
If you have a child together, you are expected to make suitable parenting arrangements and meet the required child support obligations if you separate. The same standard (“child’s best interests”) is used to decide disputes in court.
Co-parenting with school-aged children
Having children still of school-age often creates extra concerns for parents who separate.
When children return to school after summer vacation, for instance, new school schedules may lead to worries about whether the parenting plan, custody arrangement, and family schedules adequately maintain the necessary stability and support for the child.
A child-centered approach with clear communication between co-parents is, again, the key to a smooth transition back to school life for your child.
Here are a few tips to help.
- Review your parenting plan: The beginning of the school year is the ideal time to review your parenting plan and custody agreement to see if it meets the requirements of the new school schedule (pick-up and drop-off schedules, transport for extracurricular activities, school-related expenses, etc.)
- Maintain consistent communication: This will help reduce misunderstandings and conflicts that can disrupt your child. Email, text, or shared co-parenting apps can help keep your communication organized and documented.
- Request shared school information: Many Alberta schools provide duplicate communications if requested, so parents don’t need to rely solely on each other for information about class schedules, performance, etc.
- Plan for extracurricular activities: Parents must coordinate how their child can participate in extracurricular activities to avoid depriving them of important experiences as they grow or causing them to feel “left out”.
- Keep duplicate school supplies: If your child will move between two homes during the school year, keep duplicate school supplies (pens, notebooks, gym clothes, etc.) in each home to avoid problems.
- Support your child’s emotional well-being: Switching between homes while adapting to new school schedules can impact children more than expected. Maintain open communication, support, and consistent routines for your child.
A parenting time lawyer can help you draft legally enforceable parenting plans, child support agreements, and more. We can also help you make modifications to plans and agreements if current arrangements do not adequately address a change of circumstances.
Ultimately, we aim to help you and your family transition to separate (but connected) lives more smoothly during challenging times.
If you live in the Calgary area and need assistance with a family law matter, the experienced lawyers at Jennings Family Law can help you. Call (403) 316-0138 to request a confidential consultation, contact us directly online, or email Warren Jennings directly at warren@jenningsfamilylaw.com.
