Enforce parenting time

Overview

Parenting time

‘Parenting time’ is the time a person spends with a child without the other parent or guardian. In court orders, it may be called ‘access’. If you are not a guardian, your time with the child is called ‘contact’.

To enforce your parenting time for in-person visits, phone calls or electronic communication, you must have a court order that describes when your parenting time is to take place.

Enforcement process

Parenting-time orders made in any court in Alberta, including those made under the Divorce Act, are enforced with the processes described in the How to enforce parenting time through the court section below.

No court order

If you do not have a court order and the other parent or guardian is not allowing you to visit the child:

• first consider the out-of-court solutions to problems with parenting time
• if necessary, apply for the court order that best meets your situation:
  • Contact Order
  • Custody and Access Order, or
  • Parenting Order

Legal assistance

Enforcing parenting time can be a complex process. We encourage you to speak with a lawyer.

If you want a lawyer but cannot afford one, you may be able to access legal assistance.

For general information about family law and help with court processes, contact an information coordinator.

Out-of-court solutions

Find solutions to problems with parenting time

The Court and Justice Services group provides a range of services that can help you and the other parent or guardian find a solution to your situation.

Courses

• Parenting After Separation (PAS)
• Parenting After Separation for Families in High Conflict (PASHC)

Mediation

• Family Mediation

Enforcing parenting time

If your court order does not describe parenting time

Apply to change your current court order:

• Change a Contact Order
• Change a Parenting Order, or
• Change a Custody and Access Order

If your court order describes parenting time

Before you apply

Court of Justice order: If you have an order from Calgary, Edmonton, Grande Prairie or Red Deer, contact a family court counsellor for help in making a court application.

Court of King's Bench order: If you have an order from Calgary or Red Deer, contact a family court counsellor for help in making a court application.

For an order from any other city, follow the steps below.

Step 1. Fill out the forms

Fill out both of these forms:

• Claim - Family Law Act
• Statement - Enforcement of Time with a Child

Attach a copy of the court order that gives you parenting time.

Step 2. Swear or affirm the forms

Swear or affirm your statement at a resolution support centre or court house.

Make 2 copies each of your claim and statement, including all the attachments.

Step 3. File your forms

File the forms at the same court, in the same location, where your parenting-time order was granted.

Step 4. Serve the other parent or guardian

The other parent or guardian must be served with your claim and statement in person. They cannot be served by mail.

You can:

• serve them yourself
• have a friend or process server serve them

Step 5. Fill out and swear an affidavit

Fill out the Affidavit of Service - Applicant form.

The person who served the documents must swear or affirm the affidavit before a commissioner for oaths. A court clerk or an information coordinator at a resolution support centre can help with this.

Step 6. File the affidavit

Make one copy of the affidavit and file it at the same court where you filed your claim and statement.

After you file your order

Give a copy of your parenting-time order to the police if the order directs you to do this.

Penalties

Penalties for denying parenting time

The Family Law Act sets out serious penalties for a person who refuses to follow a court order for parenting time. However, it is up to you to apply to the court to have those penalties applied.

If a child is not allowed to visit

The court can order the:

• police to help enforce a visit
• parent or guardian who did not allow a visit to:
  • provide make-up visits
  • post security (often called a deposit) and then lose it if future parenting time is denied
  • pay money to you for expenses that you have had relating to the visit
  • pay a penalty of up to $100 per day of denied parenting time
  • go to jail

If a child is not returned after a visit

The court can order the:

• police to find and return the child to you
• person who did not return the child to:
  • post security (often called a deposit) and then lose it if they refuse to return the child in the future
  • pay money to you for expenses that you have had because the child was not returned
  • pay a penalty of up to $100 per day that the child was not returned
  • go to jail

Safe child exchanges

If you and the other parent or guardian argue when you exchange a child for a visit, do the exchange:

• in a child-friendly, public place like a fast-food restaurant or public library
• at a childcare facility, with one of you dropping the child off and other picking them up
• outside a home, with one of you staying in the car and the other staying in the home as the child walks between you

Supervised visits

If your court order allows you to have only supervised visits with a child, these organizations may be able to arrange a visit.

Children’s Services

The Children’s Services ministry oversees safe visitation pilot sites in these communities:

• Calgary
• Edmonton
• Fort McMurray
• Grande Prairie
• Lethbridge
• Red Deer
• Whitecourt

You cannot contact Children’s Services to arrange a supervised visit. The ministry only coordinates these visits through its community partners:

• police
• justice programs
• family violence programs like emergency women’s shelters

Other groups

The following are some organizations in Alberta you can contact to arrange a supervised visit:

• Family Connections (Edmonton)
• Men’s Educational Support Association (MESA) (Calgary)
• Providing Assistance, Counseling & Education (PACE) (Grand Prairie)
• The Family Centre (Edmonton)
• YWCA Safe Visitation Program (Calgary)
• YWCA Safe Visitation Program (Lethbridge)