How to Change a Parenting Order in Alberta After Separation

Children grow, jobs change, and families move. A parenting arrangement that worked at separation may stop working a few years later. Many parents ask whether the order can be changed and whether the other parent has to agree.

The answer depends on what kind of arrangement you have and which law it was made under. This article walks through the main routes in Alberta so you can see where you fit.

This article covers the law of Alberta.

Start with what kind of arrangement you have

A parenting agreement is a private arrangement that does not have to be changed in court. A consent order is a court order that both parties agreed to, and it is changed through the Court of King's Bench consent variation process.

The Family Law Act cannot be used for a matter already dealt with by an order or judgment under the Divorce Act. If your order was made in a divorce, the process differs, and a lawyer can confirm which steps apply.

Do you need the other parent's agreement?

Whether you need the other parent's agreement depends on the kind of arrangement you have. A consent order is a court order both parties agree to, and it is changed through the Court of King's Bench consent variation process, so that route involves the other parent's agreement. After separation, guardians who agree can keep exercising guardianship powers without a court order. If they disagree, either guardian can apply for a parenting order. For a Family Law Act parenting order, you can apply to vary it, and the guidance specifically includes applying where you want to travel with the child but the other parent will not give signed consent.

Whether your change is enough to justify varying an order depends on your facts and the wording of your order, so it is worth confirming with a lawyer. A lawyer can tell you how a court is likely to see it. Which steps apply also depends on whether you have a consent order or a Family Law Act parenting order.

Moves and relocation

Some changes have their own rules. Under the Divorce Act, a person with parenting time or decision-making responsibility who intends to change their residence or the child's must give written notice to anyone with parenting time, decision-making responsibility or a contact order.

A relocation is a move likely to have a significant impact on the child's relationship with a person with parenting time, decision-making responsibility or contact. A person who intends to relocate must give notice at least 60 days before the expected date, in the form and manner prescribed by regulation. A relocation with the child may proceed if the other person does not object within 30 days of receiving the notice, or if a court authorizes it. The court can waive or modify the notice requirements, including where there is a risk of family violence.

If a relocation is contested, the court considers the reasons for the move and its impact on the child, among other things. Who must prove what depends on the existing time arrangement. These rules apply to Divorce Act cases, so confirm what applies to you.

Steps before and during an application

• The Parenting After Separation course is required before filing a divorce application or Family Law Act application in the Court of King's Bench, and a judge can also direct you to take it.
• In Greater Edmonton, Calgary, Red Deer and Grande Prairie, the Family Justice Strategy may add requirements, such as a certificate that must be retaken if more than 2 years old.
• A party who cannot complete a mandatory requirement can file a Request to Waive/Defer Mandatory Requirements form, for reasons such as family violence concerns.
• The other parent served in Alberta generally has 20 days to respond to a Family Law Act application, unless you agree to more time.

Until the order is changed, it stays in effect and must be followed.

What to do next

• Find your current order or agreement and note which Act or process it came from.
• Write down what has changed and how it affects the child.
• Talk to the other parent or try family dispute resolution where appropriate.
• Complete the Parenting After Separation course if required.
• Get legal advice on whether your change is enough and which forms to file.
• Keep following the current order until a new one is made.

Frequently asked questions