One of the most common sources of confusion in Alberta family law is the difference between parenting time and decision-making responsibility. Many people still use the term “custody,” but that concept has been replaced in modern family law terminology.
Understanding the distinction is important because each term relates to a different aspect of parenting after separation, and they do not always go hand in hand.
What Happened to the Term “Custody”?
In Alberta, the traditional concept of “custody” has been replaced under federal family law reform. Instead of custody, the law now refers to:
Parenting time
Decision-making responsibility
These terms are designed to separate the two main components of parenting after separation:
- Time spent with the child
- Authority to make important decisions about the child’s life
What Is Parenting Time?
Parenting time refers to the actual schedule of when a child is with each parent.
During their parenting time, a parent is responsible for the day-to-day care of the child, including:
- Meals and daily routines
- Homework and school attendance
- Transportation
- Bedtime and general supervision
- Routine decisions about activities and discipline
- Parenting time is usually set out in a detailed schedule, such as:
- Week-on/week-off arrangements
- Alternating weekends
- Split weekday schedules
- Holiday and vacation rotations
Importantly, parenting time is about physical care and day-to-day responsibility, not major decision-making authority.
What Is Decision-Making Responsibility?
Decision-making responsibility refers to the authority to make significant decisions about a child’s upbringing.
This includes decisions about:
- Education (school choice, programs, tutoring)
- Health care (medical treatment, specialists, therapy)
- Religion and cultural upbringing
- Extracurricular activities in some cases
- Major lifestyle or developmental decisions
Parents may share decision-making responsibility or it may be allocated to one parent only.
Different Types of Decision-Making Arrangements
1. Sole Decision-Making Responsibility
One parent has the final authority to make major decisions.
The other parent may still have parenting time, but does not have legal authority over major decisions.
2. Joint Decision-Making Responsibility
Both parents must make major decisions together.
This requires:
- Communication
- Cooperation
- Agreement on major issues
If parents cannot agree, disputes may need to be resolved through negotiation, mediation, or court.
3. Shared or Hybrid Arrangements
In some cases, parents may share decision-making in some areas but not others, or may divide responsibilities depending on the subject matter.
For example:
- One parent handles education decisions
- The other handles medical decisions
These arrangements are less common but can be tailored to high-conflict or complex situations.
How Parenting Time and Decision-Making Work Together
It is important to understand that:
- A parent can have significant parenting time but limited decision-making authority
- A parent can have decision-making responsibility but limited parenting time
- Or both responsibilities can be shared equally
These are separate legal concepts and are not automatically linked.
What Do Courts Consider When Deciding Parenting Arrangements?
Alberta courts make parenting decisions based on the best interests of the child. Key factors include:
- The child’s emotional, physical, and psychological needs
- The ability of each parent to provide care
- The history of caregiving
- The child’s relationship with each parent
- Communication between parents
- Stability and continuity in the child’s life
- Any family violence or safety concerns
The focus is always on the child’s well-being, not on what each parent wants.
Common Misunderstandings
“If I have 50/50 parenting time, I automatically have joint decision-making.”
Not necessarily. Parenting time and decision-making are separate issues.
“The parent with more time has more authority.”
Not true. A parent may have primary care but still share decision-making, or vice versa.
“Decision-making responsibility means I control everything during my parenting time.”
Also incorrect. During parenting time, each parent makes routine day-to-day decisions, but major decisions depend on the legal arrangement.
Why the Distinction Matters
Understanding the difference is important because it affects:
- How major decisions about the child are made
- How disputes between parents are resolved
- The level of cooperation required after separation
- The structure of parenting agreements or court orders
Clear parenting arrangements can reduce conflict and provide stability for children.
Conclusion
Parenting arrangements in Alberta are no longer defined by the old concept of custody. Instead, they are divided into two separate but related concepts: parenting time and decision-making responsibility.
Parenting time determines where the child lives and the day-to-day care they receive. Decision-making responsibility determines who has authority over major life decisions.
While these roles can be shared or divided in different ways, the guiding principle in all cases is the best interests of the child. Understanding how these two concepts work together can help parents create more effective and less conflict-driven parenting arrangements after separation.