Shared Parenting in Alberta: Factors For and Against

When parents separate or divorce, determining who the Children will live with is one of the most important decisions they face.

Shared parenting, where children spend substantial time with both parents, is often viewed as an ideal arrangement for fostering close relationships between the child and both parents. However, shared parenting is not suitable in every situation. In CAS v NPC, 2020 ABQB, Justice Lema provided a comprehensive analysis of the factors courts consider when deciding whether to implement shared parenting.

The paramount factor in determining a parenting regime is the best interests of the child or children. The court only considers the best interests of the child as determined by reference to the condition, means, needs, and other circumstances of the child.

Here’s a summary of the key factors for and against shared parenting which serve as indicia for the Court in determining whether shared parenting is in the best interests of a child.

Factors Supporting Shared Parenting

1. Both Parents are Capable and Engaged

Courts are more likely to support shared parenting when both parents demonstrate they are capable, loving, and involved in their children’s lives. Evidence that both parents are willing and able to meet their children’s physical, emotional, and developmental needs strengthens the case for shared parenting.

2. Good Communication and Cooperation

Effective communication between parents is essential for shared parenting to succeed. Courts are more likely to favour shared parenting when parents can cooperate in scheduling and decision-making for their children. Even if past communication difficulties have been resolved, shared parenting may still be viable if both parents are committed to working together.

3. Strong Emotional Bonds with Both Parents

Shared parenting is favored when children have developed strong emotional ties with both parents and there is no evidence suggesting that they would not be properly cared for by either parent. This includes situations where the children have spent significant time with both parents prior to separation, fostering a sense of stability.

4. History of Shared Parenting

If the children were already part of a shared parenting arrangement during the marriage or shortly after separation, and there is no evidence of harm or neglect, the court is more likely to continue that arrangement.

5. Practical Arrangements for Work and Childcare

Courts will look at whether both parents can manage the practical aspects of shared parenting, such as work schedules and childcare. A parent working from home or having flexible work hours may be better suited to shared parenting, provided other arrangements, such as reliable childcare, are in place.

6. Child’s Best Interests – Extracurricular and Cultural Connections

Shared parenting may be preferred when it allows the child to maintain their extracurricular activities, cultural heritage, or contact with extended family, such as siblings or grandparents. Courts will consider how shared parenting impacts the child’s overall well-being and sense of connection to both sides of the family.

7. Children’s Preferences

In some cases, children may express a preference for shared parenting, especially when they are older and have established a strong bond with both parents.

8. Parenting Assessments and Expert Recommendations

In some cases, a court may seek the opinion of a parenting expert or child psychologist, especially if the parties are in disagreement. A positive assessment recommending shared parenting can strongly influence the court’s decision.

Factors Against Shared Parenting

1. Inability to Cooperate and Conflict

Shared parenting is unlikely to be ordered if the parents have a history of substantial conflict and there is no evidence that they can cooperate on key decisions regarding the child’s upbringing. A history of frequent disputes or one parent’s unwillingness to collaborate can make shared parenting unworkable.

2. Parental Conflict Impacts the Child

If a child is exposed to high levels of parental conflict, particularly conflict that disrupts the child’s emotional well-being, shared parenting may be deemed unsuitable. Courts will assess whether continued conflict could harm the child or create a stressful environment.

3. Age and Attachment to Primary Caregiver

For younger children, particularly those who have spent most of their time with one primary caregiver, transitioning to shared parenting may be emotionally and developmentally challenging. Courts may be reluctant to disrupt the child’s attachment to their primary caregiver, especially if the child is very young.

4. Serious Mental Health or Behavioural Issues

A parent’s mental health or behavioural issues may be a significant barrier to shared parenting. For example, if one parent is dealing with substance abuse, anger issues, or unresolved psychological problems, it may not be in the best interest of the child to engage in a shared parenting arrangement with that parent.

5. Instability in One Parent’s Living Situation

If one parent’s living situation is unstable – whether due to financial issues, frequent relocations, or significant changes in family dynamics (e.g., new partners) – shared parenting may not be feasible. Courts need to see that both parents can offer a stable and consistent home for the child.

6. Distance and Practicality

Geographical distance between the parent’s residences can make shared parenting difficult. If the parents live far apart, or the child would need to travel long distances between homes, the court may find that the arrangement is not in the child’s best interest. This is especially true if travel time disrupts the child’s education or social life.

7. Parent’s Failure to Fulfill Parental Responsibilities

If one parent has a demonstrated inability to provide consistent care or has missed significant time with the child (such as frequently failing to exercise their access), shared parenting may not be appropriate. Courts will assess whether the non-primary parent can handle the responsibilities of shared custody, including regular care and decision-making.

8. Children’s Wishes Against Shared Parenting

If older children (typically 12 years or older) express a clear preference against shared parenting, their wishes may be given considerable weight. This is particularly true if the child has had the opportunity to express their feelings through a Practice Note 7 report or other expert assessment.

9. One Parent’s Unilateral Decisions or Requests

If one parent seeks to enroll the children in separate activities that would create two parallel, compartmentalized lives (such as different after-school activities, sports, or cultural practices), shared parenting may be ruled out. Courts generally prefer arrangements where children can engage in joint activities that support both parents’ involvement in the child’s life.

Determining a child’s best interests is not a box-checking exercise, or simply a matter of scoring each parent on a generic list of factors. Each case is decided on the evidence presented.

The listed factors above merely serve as guidance to determine the best interests of the child. Shared parenting can be highly beneficial for children when both parents are willing and able to work together and meet their children’s needs. However, when conflict, instability, or other challenges are present, shared parenting may not be in the child’s best interest.

For parents navigating co-parenting arrangements, it is essential to focus on maintaining a cooperative and stable environment, as these factors strongly influence the court’s decision.