Introduction:
When parents separate, few issues are as emotionally charged — or as important — as decisions involving children. Disagreements about parenting time, decision-making, and living arrangements can quickly become overwhelming. In Alberta, both the Courts and experienced family lawyers approach these disputes through a single guiding principle: the best interests of the child.
This test is deliberately child-centred. It requires the focus to remain on the child’s needs, circumstances, and well-being — not on what either parent may want or feel entitled to. Understanding how this principle is applied, and how Courts analyze evidence through this lens, is critical for any parent involved in a parenting or custody dispute.
Peter Graburn, senior family lawyer at Shim Law in Calgary, regularly assists parents in resolving child-related disputes, both through negotiated settlements and, where necessary, through Court proceedings. Wherever possible, the goal remains the same: to resolve matters in a way that minimizes conflict, reduces stress, and promotes long-term stability for the child.
Table of Contents
What Does “Best Interests of the Child” Mean?
The phrase “best interests of the child” is often used, but not always well understood. It does not refer to a single factor or a rigid checklist. Instead, it is a holistic assessment that requires the Court to consider the child’s overall situation and determine what arrangement best supports their physical, emotional, and psychological well-being.
In earlier discussions about parenting and custody, we have noted several general principles that frequently arise in Alberta family law cases, including:
- that children should have meaningful contact with each parent, where it is safe and
appropriate - that younger children often benefit from shorter, more frequent periods of parenting
time - whether each parent supports the child’s relationship with the other parent
- and, ultimately, what arrangement best serves the child’s interests
But how do Courts — and parents — actually determine what those interests are?
Legislative Framework in Alberta
Alberta legislation provides important guidance. Where parents are married and seeking a divorce, the federal Divorce Act governs parenting decisions. For unmarried couples, or married couples not seeking a divorce, Alberta’s Family Law Act applies. While the statutes differ in structure, they share the same fundamental objective: protecting the child.
Under Alberta’s Family Law Act, the Court is directed to:
- ensure the greatest possible protection of the child’s physical, psychological, and emotional safety
- consider all of the child’s needs and circumstances
The legislation then provides specific examples of factors that may be relevant, including:
- the child’s age and stage of development
- the child’s history of care
- the child’s cultural, linguistic, religious, and spiritual heritage
- the child’s views and preferences, where appropriate
- proposed plans for the child’s future care
- any history of family violence
- the nature and strength of the child’s relationships
- each parent’s ability and willingness to act as a guardian
- any civil or criminal proceedings relevant to the child’s safety
These statutory factors provide structure, but they do not replace judgment. Each case turns on its own facts.
Guidance from the Courts
Over time, Alberta Courts have further refined the analysis through case law. Judicial decisions have emphasized additional considerations that may be relevant in determining a child’s best interests, including:
- the mental and physical health of each parent
- how each parent addresses any special needs of the child
- the importance of maintaining a stable home environment
- the impact of siblings or other children in the parenting arrangement
- the role of extended family, including grandparents
- the child’s adjustment to school and community
- parental use of excessive discipline or emotional abuse
- concerns relating to substance use
No single factor is determinative. The Court’s task is to weigh all relevant evidence and determine which parenting arrangement best promotes the child’s long-term well-being.
Putting the Focus Where It Belongs
For parents, one of the greatest challenges is shifting focus away from past grievances and toward the child’s future. Identifying which factors matter, gathering appropriate evidence, and presenting that information effectively can be confusing and emotionally draining.
Experienced family lawyers play an important role in helping parents understand how Courts approach these decisions and in developing parenting plans that align with the best-interests test. Just as importantly, skilled counsel can often help parties resolve disputes outside of Court, reducing the financial and emotional cost of litigation.
Final Thoughts
The “best interests of the child” is not a slogan. It is a legal standard grounded in legislation, shaped by case law, and applied through careful, fact-specific analysis. When applied properly, it ensures that parenting decisions are guided by what truly matters: the safety, stability, and healthy development of the child.
Parents facing parenting or custody disputes benefit from early, informed advice and a clear understanding of how Alberta law approaches these issues. With the right guidance, it is often possible to move forward with a plan that supports children while minimizing conflict and uncertainty.
