What Judges and Mediators Look for When Deciding Parenting Schedules

When parents separate, the transition from one household to two is often most felt through the creation of a parenting schedule. While you’re likely relying on child custody lawyers in Calgary to help you win a certain amount of time, the modern legal system has moved away from the idea of winning or losing.

Instead, whether you’re working with a Mediator or appearing before a judge, the focus is entirely on one gold standard: the best interests of the child. 

Best Interests over Parental Rights

In Alberta, the Family Law Act and the Divorce Act make it clear that the parenting schedule is not about what’s fair to the parents—it’s about what’s best for the children. Judges and Mediators are not looking to split time 50/50 because it’s even or fair; they’re looking for an arrangement that protects the child’s physical, psychological, and emotional safety.

What the Court Specifically Examines

If you can not reach an agreement and a Judge must decide, they will look at a specific set of factors to build your schedule: 

• The History of Care: Who’s been the primary caregiver? While courts no longer automatically favour one parent based on gender, they do value stability. If one parent has always handled the school runs, doctor visits, and bedtime routines, the court may lean toward maintaining that status quo to minimize disruption. 
• The Child’s Unique Needs: A toddler has very different needs from a teenager. For infants, Judges often prefer frequent and short visits to build bonds. For teenagers, they may look for longer blocks of time that accommodate school sports and social lives. 
• The Maximum Contact Principle: The law generally holds that a child should have as much time with each parent as is consistent with their best interests. Unless there are safety concerns, the goal is to foster a meaningful relationship with both parents. 
• Willingness to Cooperate: While communication and cooperation are fundamental to establishing a positive parenting plan, the courts will take into consideration the circumstances impacting these issues.
• Practical Realities: How close do you live to each other? How do your work schedules align with the school day? A 50/50 split is more challenging to maintain when parents live further apart. 

The Family-Focused Protocol

It’s important to note that as of January 2026, the Court of King’s Bench in Alberta has introduced the Family-Focused Protocol. This new process requires parents to complete mandatory steps, including the Parenting After Separation course and some form of alternative dispute resolution, unless the matter is urgent, before they can appear before a  Judge.

Need a Schedule That Suits Your Family? 

Deciding on a parenting schedule is important to your child’s future. Whether you are aiming for a shared parenting arrangement or need to establish a primary care schedule, our lawyers can help.

Contact Colborne Allyjan Law today to book a consultation and build a parenting plan that prioritizes your children’s well-being.