If you're searching for information about "custody" in Edmonton right now, you haven't done anything wrong — it's still the word most people reach for. But if you've recently been to court, spoken with a lawyer, or read through a new order, you may have noticed the word isn't there anymore. Since March 1, 2021, Canada's federal Divorce Act has used different language: "parenting time" and "decision-making responsibility," combined into a single "parenting order."
That's a genuine legal change, not a rebrand — but it can also be confusing, especially layered on top of Alberta's own Family Law Act, which governs parenting for parents who were never married to each other and has long used similar-sounding, but not identical, terms of its own.
This article explains what the current terms mean and which law applies to your situation. It is not about how to change an existing parenting order — for that, see our companion article on varying a parenting order in Alberta.
Is "custody" still a legal term in Alberta?
No. The word "custody" was removed from the federal Divorce Act when amendments took effect on March 1, 2021, and Alberta's own Family Law Act has long used different language as well. Both statutes describe parenting arrangements using "parenting time," "decision-making responsibility," and, for non-parents, "contact."
The concept didn't disappear — only the label did. People still say "custody" in everyday conversation, including in Edmonton law offices and courthouses, because it's familiar. You simply won't find it in a parenting order made today.
What is a "parenting order," and what does it replace?
A parenting order is the order a court makes about a child's care and upbringing — it's what used to be called a custody order, or a custody and access order, under the old Divorce Act. A single parenting order can set out both parenting time and decision-making responsibility, and it can include a parenting plan covering schedules, holidays, communication, and how decisions get made.
Existing agreements and orders don't need to be rewritten to use the new words. An order made before March 1, 2021 that says "custody" and "access" is still valid and enforceable exactly as written — more on that below.
How do the old terms map onto the new ones?
The table below is the fastest way to translate an older order, agreement, or search term into today's vocabulary.
| Old term (pre-2021) | Current term | What it actually means |
|---|---|---|
| Custody | Decision-making responsibility | Authority to make significant decisions about a child's health, education, religion, and similar major matters. |
| Access | Parenting time | Time a child spends in a parent's care, including day-to-day decisions made during that time. |
| Custody order / custody and access order | Parenting order | The order (or agreement) that sets out both parenting time and decision-making responsibility for a child. |
| Access, for a non-parent (e.g., a grandparent) | Contact order | An order giving a non-parent time with a child; it does not grant parenting rights or decision-making authority. |
What's the real difference between parenting time and decision-making responsibility?
Parenting time is about the schedule — where the child is and who is caring for them — while decision-making responsibility is about authority over significant decisions in the child's life, such as health care, education, religion, and major extracurricular commitments. The two can be shared, split, or allocated differently between parents; there's no single formula that fits every family.
Day-to-day decisions are handled separately from big-picture ones. Whoever has the child during their parenting time generally has authority to make ordinary calls — meals, bedtime, homework — without needing sign-off from the other parent, unless a court has ordered otherwise. Decision-making responsibility is reserved for the larger, less frequent decisions.
What is a "contact order," and who is it for?
A contact order gives someone who is not the child's parent — most often a grandparent, but sometimes another significant adult in the child's life — court-recognized time with the child. It's a separate legal tool from a parenting order: contact does not come with decision-making authority, and generally only a parent, someone standing in the place of a parent, or another significant person with the court's permission can apply for one.
Does the Divorce Act or Alberta's Family Law Act apply to my situation?
It depends on whether you were married to the child's other parent. The federal Divorce Act applies to spouses who are divorcing or divorced; Alberta's own Family Law Act applies to parents who were never married to each other, including former adult interdependent partners, and covers parenting even when no divorce is involved.
- Divorce Act (federal): married spouses, divorcing or divorced. Parenting is addressed through a parenting order or contact order. In Edmonton and across Alberta, divorce itself is granted only by the Court of King's Bench of Alberta.
- Family Law Act (Alberta): parents who were never married to each other, including former adult interdependent partners. Same "parenting order," "parenting time," and "contact order" language, under provincial legislation, and these matters can generally be brought in either the Alberta Court of Justice or the Court of King's Bench of Alberta.
The two statutes share vocabulary but not scope — confirm with a family lawyer which one applies to your order before relying on anything you read online, including this article.
Is my old custody and access order from before 2021 still valid?
Yes. An order or agreement made before March 1, 2021 that uses the words "custody" and "access" remains fully valid and enforceable — the language change did not cancel, weaken, or require the reissuing of any existing order. Courts and lawyers simply describe new orders differently going forward.
If your existing order isn't working for your family anymore, that's a different question from what the words mean. See our article on changing a parenting order in Alberta for the threshold courts look for before revisiting one.
Does either parent automatically get more parenting time under the new language?
No. Neither the federal Divorce Act nor Alberta's Family Law Act starts from a presumption of equal, 50/50 parenting time, or any other fixed split. Every parenting order — whatever it's called — is decided, or should be agreed to, based on the best interests of the child in that family's specific circumstances, weighing things like each child's needs, each parent's ability to meet them, the child's relationships, and each parent's willingness to support the child's relationship with the other parent.
The new terminology describes how parenting arrangements are structured. It doesn't change the standard used to decide them.
Common questions
Do parenting time and decision-making responsibility have to be split evenly?
No. They can be shared, split unevenly, or held mainly by one parent, depending on the child's best interests. Neither statute builds in a default even split.
Can parents agree on parenting time and decision-making without going to court?
Yes. Many parents do, often through a separation agreement or with a mediator's help. Court is generally needed only when parents can't agree, or an agreement needs to become an enforceable order.
Does a grandparent automatically get a contact order?
No. A grandparent or other non-parent generally needs the court's permission to apply, and the court still decides based on the child's best interests, not the relationship alone.
Will my lawyer or the court still understand me if I say "custody"?
Yes. It simply isn't the term used in a new order or in current legislation.
Practical takeaway
The words changed in 2021; the underlying questions didn't. Whether your situation falls under the federal Divorce Act or Alberta's Family Law Act, the same two things are being decided: how a child's time is shared, and who decides what for that child. An order made under the old words is exactly as valid as one made under the new ones.
This article is general information only and is not legal advice. If you are working through a parenting order or agreement — whether under the Divorce Act or Alberta's Family Law Act — in Edmonton or elsewhere in Alberta, speak with a family lawyer about your specific circumstances.