Matters
Regarding Children
Inquire About Parent Time & Access
Callioux Law can help you find the best arrangement for your children.
Our lawyers have unique expertise, having represented children, parents, grandparents, foster parents, and step-parents in ALL levels of Court in Alberta.
Legal Support for Parenting Matters
Helping parents navigate important decisions regarding children with guidance and care. Find a topic for information.
Guardianship
When you hear the term "Guardianship" in legal settings, what is being referred to is a package of responsibilities and rights that come with having a legal interest in a child.
If you are a guardian of a child, you have the responsibility and the obligation to ensure the child's best interests are cared for.
You also have a right to make a court application with respect to the wellbeing of the child.
Biological parents are not always permanent guardians to a child. It depends on the circumstances.
As well, non-parents can be made guardians. For example, sometimes a grandparent is made a guardian of a child by way of court order. This means that the grandparent has the right to receive information about the child, has the obligation to satisfy themselves that the child’s interests are looked after and has the ability to make court applications with respect to the child if need be.
Being a guardian does not in and of itself include an automatic right to have the child reside with you, nor does it always include an obligation to pay support for the child.
For more information on guardianship in Alberta, consult section 21 of the Family Law Act.
Other Topics
When a child is adopted, in law it is as though that child was born to the adoptive family.
The previous family typically no longer has legal rights to the child.
The process for adoptions can be a bit complicated, and requires a good deal of paperwork. A high degree of sensitivity is required. If you are considering putting your child up for adoption, or if you are seeking to adopt or looking at a step parent adoption, we can help.
Children’s Services is a government agency that is duty bound to investigate concerns related to the care of children, and intervene if necessary.
There is a lot to know, and this can be a very confusing and difficult time for families. Callioux Law has a great deal of experience navigating these waters.
Sometimes your relationship with a child can permit you to apply for legal rights with respect to that child. This may include an ability to make an application for contact and/or guardianship.
We are happy to advise you on how to pursue this based on your circumstances.
Moving is a stressful experience, and attempting a move that will disrupt an access or parenting arrangement can be a difficult process.
A parent who wishes to relocate with their child must have a regard for the impacts to the parenting arrangements with the other parent. Typically, consent or a court order will be required to permit the child to relocate with the moving parent; and the appropriate form of notice is required. The Court can hear a mobility application to determine whether or not the proposed move is in the child's best interests.
A wrongful removal of a child occurs when a child is removed from the province or country without the consent of all other guardians.
The circumstances surrounding child abduction can vary widely, and it is important to act quickly.
The Hague Convention on the Civil Aspects of International Child Abduction is an international agreement, which provides a legal process for the return of a child to their home country, provided that the country is a signatory of the agreement.
In this stressful situation, it may be possible to make a court application for the immediate return of the child to Alberta. We can advise you on how to pursue this based on your circumstances and the nature of the wrongful removal of your child.
As children are often the subject of family law litigation, it is often important for children to have their voices heard.
Callioux Law has a wealth of experience representing children in the contexts of Child Welfare, Custody, and Access.
Parenting Time & Decision Making
The courts have recognized that the best interests of children is the most important consideration in custody and access arrangements.
Parenting is comprised of two main components:
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The parenting schedule (referred to as "parenting time"); and
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The delegation of decision-making responsibilities for the children (decision-making).
Parenting can also broadly be thought of as the powers, responsibilities, and entitlements of guardians for a child. The common term "custody" is no longer part of our legislation and while it remains in use, the terms "parenting time" and "decision-making" tend to offer a more specific understanding of the parenting arrangements.
The following terms are often used to describe parenting arrangements:
Shared Parenting
Each parent has the child in their care for a near equal amount of time. For child support purposes, this would translate to each parent having the child in their carefor at least 40% of the time.
Split Parenting
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.
Primary Care
One parent has the majority of parenting time with the child.
Sole or Joint Decision-Making
This term does not refer to the parenting schedule between the parties, but rather speaks to which parent has decision-making authority for the children. This can refer to specific categories, or all decisions.