When parents get separated, problems arise on the access of their child. In the past, this was known as child custody. Since October 1, 2005, The Family Law Act started referring to the concept of parenting orders in Alberta.
The married or unmarried couples apply for parenting orders. In the situation of divorce, a spouse who has been granted the parenting order is eligible to provide information on the child. However, what do you do when you want to change the parenting order living in Canada?
Knowing how to change a parenting order in Alberta is absolutely vital. Here is everything you need to know about the matter.
The Basics of Changing a Parenting Order in Alberta
Changing a parenting order is possible in Calgary. There are certain steps to follow in the process. Before we jump to the overall process, let’s build deep learning about it.
What Impacts the Most in Applying for a Change in Parenting Order?
Changing a parenting order is affected only by the consent of each party. When you are applying for a change of order, you must issue a consent order as well. This order will include all the changes in the child custody agreement in Alberta. Everyone involved in the matter will agree or disagree with the order and changes. Eventually, the process will move according to the consents.
If everyone accepts the changes, the judge will give the final decision. In this regard, the judge will evaluate the necessity of the child’s changes and condition.
Can the Parenting Agreement be Changed?
Like a parenting order, the parenting agreement can be changed with the other guardian’s consent. In case when the other parent disagrees, you have the chance to look into the parenting plan. The parenting plan may involve solving the matter with the help of mediation. If mediation does not work, you can apply for a change in the parenting order.
Is it necessary to apply in court for a change of parenting order?
The law requires you to change any parenting order through the court. You cannot change court orders outside the court. For instance, it is not recommended to change a parenting order in family chambers when there is a lack of evidence and mutual acceptance of the case.
The Family Act advises that the decision regarding children should not be made in regular chambers. A judge has the experience and skill to go through all the documents beforehand. Therefore, whatever decisions the judge makes will be optimal for everyone involved.
However, if the parenting order needs to be changed quickly, the law will permit the decision to be taken in a family chamber. The authorities will have to decide in the best interest of the child only in such scenarios.
How to Change a Parenting Order in Alberta: The Application Processes
It is not so tough to change the parenting order. You will need to follow some specific steps. However, there are 02 different procedures to follow.
If the initial parenting order is from Alberta
It involves 02 steps.
Step 1: Filling out the application forms
You will need to fill out and submit 03 different forms when the initial parenting order was from Alberta. The first form is the “Claim” form under the Family Law Act. The next form is the “Statement” form that includes the changes and verities in the parenting order. The final form is the applicant form. It is named as the “Affidavit of Service” form.
It would help if you were careful in filling out and submitting these forms. You can take the assistance of an information coordinator of court forms.
Step 2: File the Order
Once you have filled the forms, you will now have to file the order of changing the parenting order. It is recommended to do in the same court where you have previously been on regarding any other party issue. Moreover, it would be best if you chose a court where you once started a case action.
In case you have never been to a court, you can file your case in any court of Alberta. Remember, if you do not show up at the court during the hearing, the judge will mark you and your case absent.
If the Order is from Outside Alberta
Firstly, you have to send an application request to get your order registered. It will then be enforced in Alberta. To do that, follow these 03 simple steps
Step 1: Getting a Certified Copy
The first step is to acquire a certified copy of the original parenting order.
Step 2: Filling Out the Form
You will again have to fill out 03 forms. These forms are- original application form, an affidavit form, and an affidavit of service form. All the 03 forms are available Originating Application Under the Extra-provincial Enforcement of Custody Orders Act info pack.
Step 3: File the Order
In this step, you will have to bring all the documents to any court. Unlike the previous process, you can file your case in any court of Alberta now.
How to Apply to Change Parenting Order in a Court
If you are looking forward to applying for a change in parenting order in a court of Queen’s Bench, you should follow these 03 steps.
Step 1: Form Preparation
At first, you will have to choose an info pack. That can be various depending on your situation. It can be Child and Parenting Time Form, Child Support form, Custody/Parenting Time and Child Support Form, or any other form from the info pack.
Your info pack should also include a consent order and an Ex Parte application. Finally, there should be an Affidavit of Execution form.
Step 2: Sign the order from a judge
After compiling all the necessary documents, you will have to sign the order from a judge. You can go to a judge’s morning chamber and hand the documents to a clerk. The clerk will send the documents to the judge, and the judge will return a signed order. You can collect the signed order from the clerk afterward.
Step 3: File your order
Before filing your order, you should make 02 copies of the order. Then, give a copied and the original version to the court. The court will return the filed copy to you, and you can send it to the other party. This way, every party has a copy of the file.
It is quite common for one of the parties to be in disparity about the parenting agreement. As a result, they are often in a dilemma to issue a re-order. If you are in such a situation, knowing how to change a parenting order in Alberta may just be the right thing for you.