What are the residual rights of a non-custodial parent to participate in a child's education, health and welfare?
Alberta, Canada
The following excerpt is from L.(V.) v. L.(D.), 2001 ABCA 241 (CanLII):
The residual rights referred to in Young v. Young, supra, and prescribed under provincial law, evince an ongoing legal relationship between the child and a non-custodial parent with or without access. Moreover, the exercise of most of those rights necessarily implies the right to be informed of or consulted about, and to participate in significant decisions pertaining to the child’s education, health and welfare. It is reasonable to assume that “significant” decisions would not include day to day decisions while the child is in the care of the other parent, but would include those decisions likely to have long term consequences for the child.
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