The terms custody and access are commonly misunderstood terms.
The Courts have recognized that the best interest of children is the most important consideration in custody and access. Callioux Law can help you understand what this means and help you find the best arrangement for your children. Callioux knows children are precious in your life, and we know how to ensure they are looked after when their family restructures.
Our lawyers have unique expertise, having represented children, parents, grandparents, foster parents and step-parents in all levels of Court in Alberta.
In the Divorce context, the term “custody” refers to either or both of the following:
Primary decision making responsibility with respect to the children (eg. where the child attends school, what religious upbringing the child might have, basic medical care, basic dental care);
Where the child resides.
In the Divorce context “Access” refers to some or all of the following:
Someone other than the parents being able to spend time with the child;
Either parent spending time with the children.
The following terms are often used to describe parenting arrangements and are accompanied by common definitions:
Shared Custody: Each parent has the child in their care at least 40% of the time.
Split Custody: When there is more than one child, one or more of the children reside in one parent’s residence while the other child(ren) reside in the other parent’s residence.
Primary care of the children are the responsibility of the parents with whom they reside.
Sole Custody: One parent has the sole responsibility for decision making with respect to the child and the child usually resides with that parent.
Joint Custody: This term does not necessarily refer to where the child resides.
It often describes an arrangement by which both parents have responsibility to
make decisions with respect to the child.This does not preclude the possibility that one
parent may have exclusive decision making responsibility with respect to a certain area
of the child’s life while sharing other responsibilities.