When parents separate, cultural upbringing becomes one of the most important aspects of a
child’s life to protect. Language, religion, traditions, and identity shape how a child
understands who they are and where they belong. In a diverse city like Calgary, courts take
these issues seriously because they influence a child’s emotional stability and long-term
development.
Alberta law focuses on one guiding principle: the best-interests of the child.
This includes the child’s cultural, linguistic, religious, and spiritual identity.
How Alberta Courts View Culture and Identity
Under the Divorce Act and Alberta’s Family Law Act, cultural and religious upbringing is a
required part of the best-interests analysis. Courts consider:
- The child’s history with each culture or religion
- Each parent’s willingness to support both backgrounds
- Language-development needs in bilingual homes
- The child’s views, depending on age and maturity
- Whether cultural practices provide stability and emotional support
Courts expect parents to protect the child’s full identity rather than promote one culture
over another. Judges look closely at whether parents are supporting, or undermining, a
child’s cultural and linguistic connections.
Shared Decision-Making and Cultural Choices
Most parents share responsibility for important cultural and identity-related decisions, such
as:
- Language education
- Religious practices and ceremonies
- Cultural holidays and traditions
- Enrolment in religious or cultural programs
Shared decision-making means both parents are expected to support these areas
consistently and respectfully. Courts rarely grant one parent exclusive control unless
ongoing conflict is harming the child.
When Parents Disagree About Culture or Religion
If cultural or religious disagreements reach the court, judges consider:
- The child’s past experiences with each culture
- The need for routine and stability
- Each parent’s support for the child’s identity
- Language-development needs
- Whether a parent is pressuring the child to “choose sides”
Courts do not reward behaviour that undermines the other parent’s heritage or places
emotional pressure on the child.
Supporting Your Child’s Cultural Identity in Two Homes
Children thrive when both homes reinforce the same cultural foundations. Helpful
approaches include:
- Encouraging use of the heritage language
- Celebrating important holidays in both homes
- Maintaining relationships with extended family
- Attending cultural or community events
- Avoiding negative comments about the other parent’s beliefs or traditions
Adding Cultural Expectations to a Parenting Plan
Parenting plans can include clear expectations about language, religion, cultural activities,
and extended family connections.
Language
- Heritage-language use at home
- Bilingual schooling or tutoring
- Weekend or after-school language classes
Religion
- Attendance at services
- Participation in ceremonies
- Religious education programs
Cultural Activities
- Festivals, holidays, and community events
- Cultural classes, music, dance, or art
- Family traditions and food practices
Extended Family
- Contact with culturally significant relatives
- Communication with grandparents who speak the heritage language
Frequently Asked Questions
Can one parent prevent the other from teaching religion?
Usually no, Courts protect the child’s right to be exposed to both cultural and religious
backgrounds unless harm is shown.
What if the child wants to stop cultural activities?
Courts consider age and maturity, depending on the circumstances. Parents should explorethe reasons before making changes.
What if the other parent speaks negatively about my culture?
Document it. Courts take identity-undermining behaviour seriously.
Can cultural factors affect parenting time?
Yes. Courts may consider which parent better supports the child’s cultural or linguistic
needs.
Get Help with Cultural Issues in Parenting Plans
Cultural and religious concerns do not have to lead to conflict. A clear plan and the right
guidance help protect your child’s sense of identity and reduce stress during separation.
Contact us at 403-300-5297 or info@lawsnbeyond.com for culture sensitive advice
tailored to your family.
