How to Arrange Child Exchanges After an Assault Charge in Alberta

Friday used to mean picking up your child and spending the weekend together. Now your release papers say you can’t go to the other parent’s home or contact them. It’s hard to know what to do. You want to see your child, but you don’t want another charge over a pickup.An assault charge in Alberta doesn’t automatically end your parenting time. Still, your usual exchange may no longer be allowed. Even asking a relative to help can be an issue if your conditions ban indirect contact.Check your release papers and parenting order before the next pickup. If they conflict, an assault lawyer in Edmonton can help you understand your options and whether a change is needed.

Can You Still See Your Child After an Assault Charge in Alberta?

An assault charge doesn’t automatically stop you from seeing your child. What matters is what your release conditions and any court orders say.You might be allowed to spend time with your child but barred from contacting the other parent. That makes the usual pickup tricky. You can’t just show up at their home or send a text if your conditions don’t allow it.If your child is also named in a no-contact condition, you must follow that restriction. It doesn’t matter if you’ve shared parenting time for years.

Can an Assault Charge Affect Child Custody Even Without a Conviction?

It can. A family court may consider evidence of an alleged assault when making parenting decisions, even without a criminal conviction. The judge looks at what’s best for your child, including their safety and any family violence concerns.Family courts also use a different standard of proof. They decide disputed facts on what’s more likely than not, while criminal courts require proof beyond a reasonable doubt. So the two courts may reach different findings about the same incident.You can read more about these decisions in the Government of Alberta’s family law guidance.

What Happens to an Existing 50/50 Parenting Arrangement?

If you split parenting time equally, an assault charge alone doesn’t change your schedule. But release conditions may affect pickups, and a family court could change your parenting time or who makes major decisions for your child.Even if the charge is withdrawn, don’t assume everything goes back to normal. A separate parenting order, protection order or peace bond may still be in place.

Which Release Conditions Could Affect Child Exchanges?

Your usual pickup spot may be off-limits now. If your release conditions keep you away from the other parent’s home, you can’t go there to collect your child, even if that’s where you’ve always met.Contact restrictions can make things harder. A quick text asking to meet somewhere else could breach a no-contact condition. Asking a relative to pass on the message may also be prohibited.Check your release papers for restrictions on contact, locations and distance. Some orders make exceptions for parenting matters, but you shouldn’t assume yours does.If the charge involves your current or former partner, bring up these concerns when discussing domestic assault defence. Your lawyer needs to know how the restrictions affect your usual parenting arrangements.

What if You Already Have a Parenting Order?

Your parenting order says you’re supposed to collect your child every Friday at 5 p.m. But your release conditions say you can’t go near the other parent’s home. That puts you in a difficult position.You can’t treat your parenting order as permission to break your release conditions. Even if you and the other parent agree to keep the old schedule, that doesn’t change the restrictions.The Department of Justice Canada explains how criminal and family court orders can conflict. You may need changes to one order or both before the usual exchanges can resume.Show your lawyer both sets of papers. If you also have a family lawyer, make sure they know about your criminal release conditions.

What Should You Do Before Your Next Child Exchange?

If Friday’s pickup is getting close, pull out your release papers and parenting order before making any plans.Here’s what to check:

• Contact restrictions: Are you allowed to call, text or send messages through someone else?
• Location restrictions: Can you go to the usual pickup spot, or must you stay away?
• Parenting schedule: What time and place does your parenting order specify?
• Other court orders: Is there a protection order or another restriction you need to follow?

Give your lawyer these documents and explain how pickups normally work. Mention who brings your child, where you meet and whether you need to speak with the other parent.It may be tempting to send one quick message to sort things out. Don’t do that if your conditions prohibit contact. If you can’t make the exchange without breaking a restriction, ask your lawyer how to handle the missed pickup and arrange the next one.

Can Someone Else Pick Up or Drop Off Your Child?

You might ask a grandparent to collect your child from school so you don’t have to meet the other parent. That could work if your release conditions and parenting order allow it.But there’s a catch. If you’re not allowed to contact the other parent, you may not be allowed to ask your relative to pass along messages either. Even a simple request to change the pickup time could cause trouble.

Would a Neutral Location or Supervised Exchange Help?

Meeting at a different location or having someone oversee the exchange may help. Before making plans, check whether your court orders permit the arrangement.And if your order requires supervised parenting time, having someone watch the pickup isn’t enough. Supervised parenting time means someone must also oversee the time you spend with your child.

Can You Contact the Other Parent About Your Child?

Your child wakes up sick on exchange day, and you need to change the plans. Sending a quick text might seem harmless, but it could breach your no-contact condition.This can include phone calls, emails and parenting apps. Even if the other parent reaches out first, that doesn’t mean you can reply.If your order allows contact about parenting matters, check what it permits. Otherwise, speak with your lawyer about how to arrange communication. Don’t ask your child to pass messages between you and the other parent. That puts them in the middle and may also cause problems with your conditions.Further Reading: How No-Contact Orders Affect Domestic Assault Cases in Alberta

Can You Change Your Release Conditions to Allow Child Exchanges?

If your release conditions are keeping you from picking up your child, you can ask to have them changed. Lawyers call this a bail variation. You might need permission for a relative to handle pickups or a way to discuss your child’s schedule with the other parent.The process depends on how you were released. If you signed a police undertaking, section 502 of the Criminal Code sets out how it can be changed, including through written consent from you and the prosecutor or through the court.If you have a court release order, section 519.1 allows certain changes with written consent from you, the prosecutor and any sureties. Your lawyer can explain the court options if an agreement isn’t possible.Bring your release papers and parenting schedule when you meet your lawyer. Explain which part of the exchange you can’t manage under your current conditions and what change would help. Until a change is approved through the proper process, you must follow the existing terms.Further Reading: What Is Bail and How Does It Work in Edmonton?

What if You Miss a Child Exchange Because of Your Conditions?

You may have been looking forward to spending the weekend with your child. Missing that time because of your release conditions is frustrating. But showing up when you’re not allowed could leave you facing another criminal charge.Make a note of when the exchange was supposed to happen and which restriction stopped you from attending. Keep your release papers and parenting schedule handy in case your lawyer needs them.If you have a parenting order, you may also need family law advice about the missed time. A lawyer can help you understand whether you can ask for changes to your parenting arrangements.

Can Police Enforce a Parenting Order in Alberta?

Police don’t attend every missed pickup. In some cases, an Alberta court can order police to help enforce parenting time or return a child.The Government of Alberta’s guide to enforcing parenting time explains the options available when a parenting order isn’t followed.Even if police become involved, that doesn’t cancel your criminal release conditions. Under section 145 of the Criminal Code, breaching certain conditions without a lawful excuse can lead to another charge.If your parenting order requires an exchange that your release conditions prohibit, have both orders reviewed before the next scheduled pickup.

When Should You Speak With an Assault Lawyer in Edmonton?

If you’re worried about missing your next pickup because of your release conditions, speak with a criminal defence lawyer before making plans. Bring your release papers, parenting order and usual pickup schedule so the lawyer can see where the problem lies.Darin H. Slaferek has practised criminal defence since 2002 and personally handles criminal cases at Slaferek Law. He can review your conditions and advise whether you can request a change. If your parenting order also needs attention, you may need a family lawyer.You can contact Slaferek Law or call 780-906-9228 to speak with Darin about your assault charge and parenting arrangements.