What factors do courts consider in child custody cases in Alberta?

Child custody cases can be some of the most emotionally charged and complex legal matters that families face. In Alberta, the best interests of the child are the guiding principle in determining custody arrangements. Whether through mutual agreement or in the courts, decisions surrounding the care and upbringing of children are always made with their well-being as the top priority.

Parents navigating custody cases often find themselves overwhelmed by the process and unsure of what to expect, which is why understanding the factors considered by the courts can provide some clarity.In Alberta, custody can refer to both physical custody, which determines where the child lives, and legal custody, which involves decision-making power over the child’s upbringing, education, and health.

Joint custody is often favoured, as it allows both parents to be involved in the child’s life, though in some situations, sole custody may be granted. When making decisions about custody, Alberta courts focus on the best interests of the child, evaluating a variety of factors to ensure the child’s safety, stability, and happiness.

What is meant by “best interests of the child”?
The "best interests of the child" is the central standard that Alberta courts use to make custody decisions. This principle ensures that the child’s emotional, psychological, and physical well-being is prioritized over all other factors, including the parents' desires. The court considers several aspects, such as the child's relationship with each parent, the child's needs, and each parent’s ability to provide for those needs. The goal is to create an environment that promotes the child's healthy development.

How does the court evaluate the parent-child relationship?
Courts in Alberta carefully evaluate the relationship each parent has with the child. Factors such as the emotional bonds, the role the parent has played in the child’s life, and the level of involvement in day-to-day activities are all considered. For instance, if one parent has historically been the primary caregiver, this may influence the court’s decision, as it reflects a consistent and stable presence in the child’s life. However, the court will also consider the child’s attachment to both parents and the potential impact of changes to their routine.

What role does the child’s preferences play in custody decisions?
In Alberta, while the court’s focus is always on the best interests of the child, the child’s own preferences can also play a role, particularly if the child is older. Children who are mature enough to express their thoughts may have their preferences taken into account, although the court will weigh these alongside other factors. However, the court will not base its decision solely on what the child wants, as it must still ensure the final arrangement is in the child's best interests.

Can the parents’ conduct affect custody decisions?
Yes, a parent’s conduct can significantly impact custody decisions. Alberta courts will examine any evidence of abuse, neglect, or harmful behaviour by either parent, as these can affect the child’s safety and emotional well-being. If one parent has a history of violence or substance abuse, this could result in limitations on their custody or access to the child. On the other hand, the court may also consider each parent’s ability to cooperate with one another in fostering a positive co-parenting relationship.

How does the court address joint custody vs. sole custody?
Joint custody is often encouraged in Alberta, as it promotes the involvement of both parents in raising the child. However, if the court believes joint custody is not in the child's best interest due to factors such as parental conflict or a parent’s inability to care for the child, it may grant sole custody. This means one parent will have primary responsibility for decision-making, though the other parent may still be granted access to maintain a relationship with the child.

Navigating a child custody case can be challenging and stressful. At Salloum & Company, our experienced family lawyers are here to provide compassionate guidance and ensure the best possible outcome for you and your child.

​Contact us today to discuss your case and find out how we can help secure a bright future for your family.