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Protecting your Children and Pets

If the person causing harm is your children's parent, they have a right to see your children unless the court says otherwise. Canada's Divorce Act says a parent must give notice of a change of residence or relocation to the parent and those who have contact with the children. The Act also says you can apply to the court without notice to the other parent to waive this requirement in cases of family violence.
This page briefly explains your options, but it is a good idea to get personalized legal advice about taking your children before you leave your relationship.

Interim Parenting Order
This is a temporary court order addressing parenting arrangements in Alberta. Such parenting arrangements include:

  • where the children will live

  • how the parents will look after the children

  • how the parents will make decisions about the children

  • how the parents should communicate with each other

Parenting time is the time a parent has with the child, during which time the parent has responsibility for the child.​

An interim parenting order is not final. The court can review and make changes as necessary as the situation changes or naturally over time.

How to get an Interim Parenting Order

Apply as soon as you safely and discretely can, and if possible, before you leave your relationship.
If your situation is urgent or unsafe, you may be able to apply for an emergency interim parenting order without notice to the other parent. Sometimes the court can grant interim parenting orders within 24 hours, but usually these orders are only good for a short time until the court can hear from both parents.

The court always makes parenting decisions in the best interests of the child. This means the parenting order or plan must protect the child’s physical, emotional and psychological safety, as well as the child’s needs and security.

Although the court factors in family violence when making their decision, the court may still decide it is in the child’s best interests to spend time with the other parent. The court may find the person is still be able to safely parent your children. Other safety measures the court may order can include might be parenting time with supervision, time together only in public places, or contact only by phone or video chat.

What if I don't get an Interim Parenting Order?
Parents in Alberta must make major decisions about their children together unless the court orders otherwise. 

If you do not get a court order allowing you to keep your children with you, the consequences can range from the other parent applying for the court order before you, all the way to criminal charges.

You should think about getting a parenting order if any of the following are true:

  • You are concerned about your children’s safety when they are with the other parent

  • You feel unsafe or intimidated by your spouse or partner

  • Your spouse or partner has not let you see your children

  • Your spouse or partner is ignoring the situation and will not deal with your relationship breakdown

  • Your spouse or partner has taken the children and cannot be found

  • You are concerned your spouse or partner may try to remove the children from Canada

mountain outline, flowers

"You can recognize survivors of abuse by their courage."
-Jeanne McElvaney, "Healing Insights: Effects of Abuse for Adults Abused as Children"

Children

Mental Health

  • Aboriginal Counselling Services Association of Alberta: 780-242-4357
    Teaching Circles for Children Who Witness Abuse (6-17 years)

  • CASA Mental Health: 780-400-2271

  • ConnecTeen: 1-403-264-8336
    24-hour information and support for teens

  • Government of Alberta Child Abuse Hotline: 1-800-387-5437

  • Family Violence Info Line: 310-1818

  • Kids Help Phone: 1-800-668-6868
    Text: Text Connect to 686-868
    Online Chat: www.kidshelpphone.ca

  • Kids On Track Association of Edmonton Grief Counselling: 587-404-8877
    HomeBuilders (Grades 1-6)

  • Sexual Assault Centre of Edmonton
    Support and Information Line: 780-423-4121
    Child and Adolescent Counselling (3-17 years): 780-423-4102

  • University of Alberta Play Therapy Clinical Services: 780-492-3746
    5+ years old. September - April

  • YWCA of Calgary: 403-266-0707
    Programs to support children exposed to family violence and experiencing volatile custody/parenting relationships


Leisure, Recreation & Mentoring Programs

Pets

  • Edmonton SPCA Pet Safe Keeping Program: 780-447-3600 ext. 3750
    Offers temporary care of pets in emergency situations

  • Calgary Humane Society: 403-205-4455
    Emergency Boarding Program

  • ​Ask a trusted friend of family member to look after your pet

  • Visit the Shelters Page for pet friendly housing

outline of a dog, golden retriever

Tip

If you are applying for an Emergency Protection Order, you can include your pet in the order to protect them

Quick Answers
Can I take my children to live with me in a shelter?
Yes, many shelters are open to both children and pets. Visit the shelters page for a list of shelters near you.

What can I do if the other parent breaks the parenting order?
You can immediately go back to court for help and the court can order the police to enforce the order. You will need to provide clear evidence of the order being violated. If the other parent does not follow the enforcement rules of the order they can be fined or face jail term. 

 

I am afraid the other parent will take the children out of Canada. What do I do?
If your children are abducted, report it to the police. Canada has agreements with some other countries about recognizing and enforcing parenting orders made in Canada.

This website is not intended to provide legal advice and should only be used for informational purposes. If you require legal services, you should consult a lawyer.

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