Some concepts have been updated by Alberta in the Family Law Act.
The old terminology – custody and access orders—often created the perception of “winners and losers” in the family law process. Because one of the main goals of the Family Law Reform Project was to reduce conflict and help eliminate some of the emotional costs of family breakdown, these concepts have been removed.
The courts may make a parenting order when a child has more than one guardian (usually parents) who live apart and are unable to agree on how to distribute the powers, responsibilities and entitlements of guardianship.
A parenting order requires the allocation of parenting time and parenting responsibilities between the parents to be balanced and focused on the best interests of the child. There is no reference to custody and access.
A contact order involves contact between the child and persons other than the guardian—such as grandparents and other people who might be important to the child. An application for in-person visitation or other contact, such as by telephone or e-mail, can be made if a guardian has denied contact with a child.