Is Shared Parenting Right for Your Family After Separation in Alberta?
By Yasemin Shihab Ahmed, Family Lawyer, Calgary
When parents separate, one of the biggest concerns is how parenting time will be divided. Some parents want to share time equally, while others believe it’s better for the child to live primarily with one parent. Shared parenting can offer stability, emotional security, and continuity when done well. However, the courts don’t automatically assume this kind of arrangement is the best fit for every family. Instead, they carefully consider what’s in the child’s best interests, based on the child’s unique needs and each parent’s individual circumstances.
In this blog, we’ll explain how Alberta courts decide on parenting time after separation, using the leading case CAS v. NPC to highlight the key factors judges consider when determining whether shared parenting is the right fit.
What Is Shared Parenting?
Shared parenting refers to an arrangement where children divide their time between both parents in a meaningful way. It doesn’t necessarily mean a strict 50/50 split, where the child spends equal time with each parent, but it does involve both parents playing an active role in the children’s daily lives. In some cases, parenting time may be close to equal. In others, one parent may have slightly more time than the other. There are many ways parents can divide time with their children, depending on what works best for the family. Ultimately, there’s no one-size-fits-all approach — parenting arrangements will look different for every family.
How Courts Decide the Best Interests of the Child
In Alberta, parenting decisions are based entirely on the best interests of the child. That means the court doesn’t automatically assume the child should spend equal time with each parent or give one parent priority. Instead, judges look at a range of factors to decide what arrangement will best support the child’s physical, emotional, and developmental needs.
In CAS v. NPC, the court set out a list of factors that help judges decide whether shared parenting makes sense in a particular case. Let’s look at some of the key factors the court considers — including situations where shared parenting might work well, and situations where it may not be the best option. This isn’t an exhaustive list, but it’s a helpful starting point for thinking about what may work best for your family.
When Shared Parenting Might Work Well
Here are some factors that may indicate shared parenting could be a good fit:
- Both Parents Are Actively Involved
If both parents are already active in the child’s life—helping with meals, school, activities, bedtime—this shows the child is safe and well-cared for in both homes. - The Parents Communicate Well
Shared parenting works best when parents are able to communicate and cooperate with each other. This means being able to talk about the children, agree on schedules, and make joint decisions. Even if there were conflicts in the past, what matters is whether both parents are able to work together now. - The Child Has Strong Bonds with Both Parents
Children who are close with both parents usually benefit from spending time with each of them. If your child feels loved and secure in both homes, that supports a shared plan. - There’s a History of Co-Parenting
If the parents have already been sharing time since the separation and it’s going well, that’s a good sign a shared parenting arrangement could continue. - Work Schedules and Childcare
Shared parenting works better when each parent can meet the child’s day-to-day needs. This might include working flexible hours, having help from family, or arranging reliable childcare. - The Child’s Routine and Community Connections
If the child can continue attending the same school, take part in activities, spend time with extended family, and stay involved in their cultural community, shared parenting may offer greater stability and a stronger sense of connection. - The Child’s Wishes
Older children (typically 12 and up) may express their preferences about the parenting schedule. If a child wants to spend time with both parents and their reasons make sense, the court may take their wishes into account. - Expert Recommendations
Sometimes a parenting expert or psychologist is involved to assess the family’s situation. If they believe shared parenting is in the child’s best interests, their recommendation can help guide the court’s decision.
When Shared Parenting May Not Be Best
Sometimes shared parenting isn’t practical or safe. Here are some of the concerns courts may consider:
- High Conflict Between Parents
If the parents constantly argue or can’t agree on basic things, shared parenting may lead to stress and confusion for the child. - The Child Is Affected by Conflict
Even if the fighting doesn’t happen in front of the child, it can still hurt them emotionally. Courts take that seriously. - Young Age and Attachment to One Parent
For very young children who’ve spent most of their time with one caregiver, a sudden change may be hard for them. The court may suggest slowly increasing time with the other parent instead. - Mental Health or Addiction Concerns
If one parent is struggling with serious issues, such as untreated mental illness, substance abuse, or anger problems, the court may find that shared parenting isn’t appropriate at this time. - Unstable Home Life
Frequent moves, financial problems, or living with a new partner the child barely knows can make it hard to offer a consistent, safe home. - Parents Live Far Apart
If a child has to travel long distances between homes, it can affect school, activities, and friendships. Judges try to avoid unnecessary disruption to the child’s routine. - One Parent Isn’t Reliable
If one parent has skipped visits, not helped with care, or doesn’t respond to messages, the court may question whether they can handle regular parenting time. - The Child Doesn’t Want Shared Parenting
Older children sometimes speak up. If they have good reasons for wanting to live primarily with one parent, the court may take their wishes into account, especially if they’ve had an opportunity to speak with an expert. - One Parent Tries to “Split” the Child’s Life
If one parent signs the child up for different activities, school programs, or cultural practices that exclude the other parent, it may lead to confusion and conflict. Judges want to see a joint plan that includes both parents, not two totally different routines.
Every Family Is Unique
It’s important to remember that this is not a checklist where one parent “wins” and the other “loses.” Courts weigh all the factors based on your family’s specific situation and look at the full picture. Even if many things seem to support a shared parenting arrangement, it may still not be the right choice if red flags are present. In the end, it all comes down to what’s best for your child.
If you’re considering a shared parenting arrangement, ask yourself:
- Can we communicate and make decisions together?
- Are we both active and involved in our child’s life?
- Is our child doing well with time in both homes?
- Can we provide a stable, safe environment?
If the answer is yes, shared parenting may be a good fit. If not, there may be other parenting arrangements that better meet your child’s needs.
Every family is different. That’s why it helps to talk to a family lawyer who can walk you through your options and help create a parenting plan that works for your unique situation.
At Crossroads Law, we understand how important these decisions are for your family. Our team can explain the law the law, outline your rights, and help you determine the best next steps for your family. Reach out to us today to book a free 20-minute consultation. We’re here to help.
