Parenting during a Separation in Alberta: Can I move out with the kids?

One of the major stressors at the outset of a separation is the unknown of parenting.

Often, there is no parenting plan in place, no verbal agreement on parenting, and a separation agreement may not be on the horizon.

A common question we get asked by a client is, “Can I move out and take the kids during a separation?”

Often, parents are afraid to move out of the home because there is nothing “legal” in place. The answer? In general, unless there is a court order in place that requires a certain schedule to be followed or prevents the removal of the kids from the family home, a spouse is free to move out with the children.

There is no requirement to first have a separation agreement, parenting plan, or anything “legal” in place to move out.

Our recommendations if you are planning a move during a separation:

If you are contemplating moving from the family home with the children, there are a few things that you can do to try to keep the situation amicable:

1. Firstly, make sure the other parent knows where the children are.
2. Offer parenting time to the other parent. This gives the other parent some assurance that the children will not be withheld from them.
3. Keep communication open. For example, give the other parent information about the children’s well-being, daily activities, how they are getting to school, etc.
4. Be open to a process of resolution to address parenting, or suggest one yourself, such as mediation.

We note that in cases where there has been family violence, these steps may not be appropriate.
If you have experienced family violence, and have questions on how to approach parenting, our lawyers are here to advise you.

Overall, the approach to take when dealing with parenting throughout a separation is to keep the children’s best interests in mind.

However, it can be difficult to come up with a parenting plan between yourselves or to know which process might be appropriate for you.

Before taking any steps, you may wish to consult with a lawyer who can advise on a parenting plan, help you create a parenting plan, or help you address any urgent questions that might come up in the process. For more information on parenting plans, contact us today.

Written by Cindy Lee