Q: What is the difference between custody and parenting?
In the past, we have used the terms "custody" and "access" to set out how separated parents will make decisions about their children and share time with their children. These terms are still in The Divorce Act, so are seen in documents relating to a couple's divorce. However, in Alberta, The Family Law Act uses the term "parenting" to set out how decisions are made and time is shared. When two guardians do not live together, they will enter into a Parenting Agreement or Order
In a divorce case, if the children live primarily with one parent, the agreement or order will usually spell out the time that the children will be with the other parent and call that time "access".
In other cases, if two guardians are dividing up the time with the child, that will be spelled out in the parenting agreement or order. The agreement or order will often say that one guardian will have parenting time on specific days and the other guardian will have parenting time the rest of the time.
If a person who is not a guardian applies to the court for an order allowing them to spend time with the child, that is called "contact". A Contact Order gives the person only the right to spend time with the child, not to make any decisions about the child
In a divorce case, if the children live primarily with one parent, the agreement or order will usually spell out the time that the children will be with the other parent and call that time "access".
In other cases, if two guardians are dividing up the time with the child, that will be spelled out in the parenting agreement or order. The agreement or order will often say that one guardian will have parenting time on specific days and the other guardian will have parenting time the rest of the time.
If a person who is not a guardian applies to the court for an order allowing them to spend time with the child, that is called "contact". A Contact Order gives the person only the right to spend time with the child, not to make any decisions about the child
Q: What does guardianship mean?
Guardianship means all of the powers and responsibilities relating to the raising of a child. If the guardians can't agree on how these powers and responsibilities will be shared between them, or how the time with the children will be shared, they can apply to the court for a Parenting Order or a Custody and Access Order
Q: What is the difference between sole custody, joint custody, shared custody and split custody?
A parent with sole custody makes all of the major decisions about the child, and the child will live primarily with that parent. They may consult with the other parent, but they make the final decision. The other parent usually has access, and can make day to day decisions during the access time.
When two parents have joint custody, they make all major decisions about the children together. Joint custody does not mean that the child spends equal time with each parent, although that sometimes happens. Other times, the child will live primarily with one parent and the other parent will have access.
Shared custody is when the child lives, more or less, half time with each parent. The Federal Child Support Guidelines defines shared custody as the child living more than 40% of the time with each parent. In almost all cases, parents with shared custody will also have joint custody.
Split custody is when there are two or more children, and some of the children live primarily with one parent and the rest live primarily with the other parent. In most cases, parents with split custody will also have joint custody
When two parents have joint custody, they make all major decisions about the children together. Joint custody does not mean that the child spends equal time with each parent, although that sometimes happens. Other times, the child will live primarily with one parent and the other parent will have access.
Shared custody is when the child lives, more or less, half time with each parent. The Federal Child Support Guidelines defines shared custody as the child living more than 40% of the time with each parent. In almost all cases, parents with shared custody will also have joint custody.
Split custody is when there are two or more children, and some of the children live primarily with one parent and the rest live primarily with the other parent. In most cases, parents with split custody will also have joint custody