When a Child Says “No” to Parenting Time: Alberta Court Weighs In
Children of separated parents are regularly and unfortunately caught in the middle of parenting disagreements and having to navigate challenges to assert their opinions. Often, parents are mistaken that children can decide whether or not they want parenting time when they turn 12 years old. Courts in Alberta are reluctant to set an age when children can determine a parenting schedule but agree across Canada that it is inappropriate to burden a child with the choice to participate in parenting time or halt it.
In a recent case (Kristensen v English, 2025 ABKB 310 at the Alberta Court of King’s Bench) a parent brought an application, seeking to vary an interim order to build in an exception, allowing the child to decide whether to exercise parenting time on week-by-week basis. The parent that brought the application argued that it is appropriate to suspend the other parent’s time because their twelve-and-a-half-year-old daughter wished for no contact. The Court provides an analysis outlining the factors to consider in determining the child’s best interests in such cases. This case came before the Court on an interim application, pending a trial set for January 2026. A child’s views and preferences fit into the analysis only so far as in their best interests.
Parents should consider factors, including:
- The child’s best interests, including whether it is in the child’s best interest to exercise less time with a parent.
- The child’s age and maturity.
- Factors the child is considering in expressing their wishes, including the consistency and strength of their views.
- Whether a professional assessment or evaluation would assist the Court in assessing the child’s views.
Ultimately, in this case, the child’s refusal to exercise parenting time was respected, and parenting time was suspended pending the outcome of a trial next year.
For parents, knowing how to prepare when your child is expressing parenting time preferences and engaging the appropriate professionals for input is important so that children are not placed squarely in the middle of parenting disputes and burdened with the responsibility to determine parenting time. This case also references others across Canada, where Courts outline their concern with placing children in a position to choose parenting time, highlighting the emotional and psychological stress it places on children.
If you are struggling with co-parenting challenges, our family law lawyers can help. Reach out today to understand your legal rights and responsibilities and how to create a parenting plan that works for your family.