What to Do If Your Ex Refuses the Parenting Schedule in Alberta

Being kept from your child when a court order says you should have time is stressful, and it is tempting to react in the moment. The steps you take in the first few weeks, especially how you record what happens, can shape the options you have later.

This article explains in general terms how enforcement of parenting time works in Alberta, what to keep as evidence, and how enforcement differs from changing the order. It is not legal advice, and your own facts may change the picture.

This article covers the law of Alberta.

Start with what your order actually says

Enforcement is built on the wording of your parenting-time order. Read it closely before you do anything else: what days, times and exchange arrangements does it set, and who is responsible for transportation? A refusal is easier to show when the order is specific.

If you only have an agreement and no court order, the route is different. An agreement can be changed without court by negotiating with the other parent, or by family mediation if you cannot agree, and if the other parent is not following the agreement you can apply for a court order.

Evidence worth keeping

The court looks at whether time was denied within a specific window, so keep a clear and honest record. Stick to facts rather than opinions or anger.

• A copy of the parenting-time order, and a certified copy if you may need police help later.
• A dated log of each missed or refused visit: the scheduled time, what happened and who was present.
• Texts, emails or messages in which you ask for the time and the other parent responds.
• Notes of any offers you made to arrange make-up time or to resolve the problem calmly.
• Names of anyone who witnessed a refused exchange.

Dates matter because an enforcement order requires the court to be satisfied there was a denial of time within 12 months of the application being brought.

Applying for enforcement under the Family Law Act

To enforce parenting time, you file a Claim – Family Law Act and a Statement – Enforcement of Time with a Child, along with a copy of the parenting-time order, at the court that granted it.

If the court makes an enforcement order, it can order a penalty of up to $100 for each day of denial of time, and imprisonment (continuous or intermittent) up to a maximum of 90 days. The court can also direct police to help enforce a visit or to find and return a child who was not returned.

Where an enforcement order has a police-assistance provision, an enforcement officer must assist you on request and on production of a certified copy of the order. There is an exception: the officer need not bring the child to you if the officer decides, in the immediate circumstances, that it is not in the child's best interests.

Other routes: contempt and changing the order

Civil contempt is a separate and more serious step under the Alberta Rules of Court. A judge may declare civil contempt where a person, without reasonable excuse, does something listed in the rules, such as not complying with an order. Penalties can include imprisonment for up to 2 years or a fine, and the court may also award costs. If the person purges the contempt, the court may waive or suspend any penalty. Whether contempt suits your situation is worth discussing with a lawyer.

If the schedule no longer works, you may need to change it rather than enforce it. Under the Family Law Act, the court must be satisfied that a change in the needs or circumstances of the child has occurred before varying a parenting order. If you were divorced, the Divorce Act test is a change in the circumstances of the child since the order was made.

What to do next

• Keep following the order yourself, and keep communication civil and in writing where possible.
• Build your log and gather your evidence now, while details are fresh.
• Get a certified copy of your order if you may need police assistance.
• If you live in Greater Edmonton, Calgary, Red Deer or Grande Prairie, ask whether Family Justice Strategy resolution steps apply before a change application.
• Speak with a lawyer about whether enforcement, contempt or a variation fits your situation.

Frequently asked questions