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How does family violence affect parenting time and decision-making in Alberta?

TSL Written by the Treadstone Law Team· Updated November 13, 2026

This answer covers the law of Alberta.

Family violence is a major factor in how Alberta courts decide parenting time and decision-making, but the outcome depends on the facts. Under the Family Law Act, the court must ensure the greatest possible protection of the child's physical, psychological and emotional safety, and must consider any family violence, including its impact on the child and the abuser's ability to parent.

For married spouses seeking or granted a divorce, the Divorce Act gives primary consideration to the child's safety, security and well-being, and the court must consider family violence and its impact. Family violence must be established on a balance of probabilities under the Family Law Act. Under section 16(6) of the Divorce Act, a child should have as much time with each spouse as is consistent with the child's best interests, so that principle gives way where family violence makes more time inconsistent with the child's best interests.

The court can attach terms, conditions and restrictions to a parenting order, and contact may be by visits or communication subject to conditions. Which terms apply depends on the facts of your family. Whether they suit your situation is worth confirming with a lawyer.

Key takeaways

  • Under the Family Law Act, the court must ensure the greatest possible protection of the child's physical, psychological and emotional safety and must consider any family violence.
  • Under the Divorce Act, a child's safety, security and well-being get primary consideration, and the court looks at factors such as the seriousness and frequency of the violence and any pattern of coercive and controlling behaviour.
  • Family violence must be established on a balance of probabilities under the Family Law Act, and its definition excludes reasonable force used as correction and acts of self-protection or protection of another person.
  • The court can attach terms, conditions and restrictions to a parenting order, so the arrangements that suit your family depend on your facts and are worth confirming with a lawyer.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.

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Sources

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