What this practice covers
Drury represents parents in disputes concerning parenting time, decision-making responsibility, relocation, enforcement and variation. The firm also handles cross-provincial and international child-related matters where jurisdiction, timing and coordinated steps in more than one place may become important.
Parenting time
Regular schedules, holidays, transitions, communication and arrangements that need to work in the child’s day-to-day life.
Decision-making responsibility
Authority for significant decisions involving education, healthcare and other major aspects of a child’s upbringing.
Relocation and mobility
Proposed moves that would significantly affect a child’s relationship with a parent or the operation of an existing parenting arrangement.
Urgent child-related litigation
Situations involving immediate safety, unilateral changes, threatened moves, withholding of a child or a need for temporary court directions.
Variation and enforcement
Applications to change or enforce existing parenting orders or agreements when circumstances have materially changed or compliance has broken down.
Cross-border issues
Disputes involving children between provinces or countries, including jurisdiction and the practical coordination of proceedings.
How the dispute is framed
Courts consider the child’s physical, emotional and psychological safety, security and well-being, along with a broader group of best-interest factors. In relocation cases, the Divorce Act adds specific considerations including the impact of the move, existing parenting involvement, notice, geography and the practicality of proposed parenting arrangements after relocation.
Alberta and Ontario
Parenting terminology and procedure can vary depending on whether a claim proceeds under the federal Divorce Act or provincial legislation. The governing statute, existing orders, where the child has been living and whether another jurisdiction is involved can all affect the path forward.
Questions clients often ask
What is the difference between parenting time and decision-making responsibility?
Parenting time concerns when a child is in a person’s care. Decision-making responsibility concerns authority over significant decisions. A parenting order can allocate these responsibilities in different ways.
Can one parent move with a child without agreement?
A proposed relocation can trigger notice requirements and, if the move is disputed, a court application. The legal analysis is fact-specific and timing matters.
Do children decide where they live?
Children’s views may be relevant depending on age, maturity and the circumstances, but they are one part of the best-interests analysis rather than the sole deciding factor.
What if the child is in another province or country?
Jurisdiction and enforcement can become threshold issues. Those matters should be addressed quickly because delay can affect available remedies and the practical position of the parties.