A breach of custody agreement in Alberta is a serious violation of the legal rights of one or both parents involved. Custody agreements, also known as parenting plans, are established by the courts to ensure that children have safe, consistent, and positive relationships with both parents following a separation or divorce.
When one parent violates the terms of a custody agreement, they may be subject to legal consequences, including fines, loss of custody or access rights, and even criminal charges in extreme cases. It is important to understand the details of Alberta`s custody laws and the options available if you believe your custody agreement has been breached.
Types of Custody in Alberta
In Alberta, there are two types of custody that the court can grant: legal custody and physical custody. Legal custody refers to the decision-making responsibilities related to the child`s care, including education, health care, and religious upbringing. Physical custody refers to where the child resides and spends the majority of their time.
Joint custody can be awarded, where both parents share legal and/or physical custody, or sole custody, where one parent has exclusive decision-making power or physical custody of the child.
Breach of Custody Agreement
A breach of custody agreement occurs when one parent violates the terms of the agreement that are laid out in the court order or agreement. Examples of a breach include failing to return the child on time, denying access to the other parent, not following the agreed-upon parenting schedule, or making decisions without consulting the other parent.
If you believe that the other parent has breached the custody agreement, it is important to document the violation with dates, times, and other relevant details. You may also want to seek the advice of a legal professional to understand your options and next steps.
Enforcing a Custody Agreement
If you suspect a breach of the custody agreement, the first step is to try to communicate with the other parent to resolve the issue. If that fails, you may need to take legal action to enforce the agreement.
The Alberta courts take breaches of custody agreements seriously and can impose penalties on the offending parent, including fines, community service, and even jail time. The court may also modify the custody agreement to better reflect the family`s current situation and avoid future breaches.
Protecting the Best Interests of the Child
It is essential to keep in mind that the ultimate goal of any custody agreement is to protect the best interests of the child. Breaches of custody agreements can cause confusion, anxiety, and emotional distress for the child, making it crucial to resolve the issue quickly and effectively.
As a parent or guardian, it is important to understand your legal rights and obligations under Alberta`s custody laws and to take swift action if you suspect a breach of the custody agreement. By working with a legal professional, you can ensure that your child`s well-being is protected and that your rights as a parent are upheld.