Can I Stop the Other Parent From Seeing My Child Without a Court Order in Ontario?
Whether you can lawfully hold back contact when there is no order depends on your situation, and refusing can carry risks, so it is worth getting advice first. An informal arrangement can be difficult to enforce, and a plan can be put into a separation agreement or a court order. A court may refuse a parent parenting time where there is a fear that the parent may harm the children, harm the parent with decision-making responsibility, or not return the children.
If safety is the worry, supervised parenting time can be arranged, with a friend or relative both parents agree on, a paid professional, or trained staff at a Supervised Access Centre. If you need a court to act, a party must usually attend at least one case conference before a motion for a temporary order, but that does not apply in cases of urgency such as an immediate safety risk.
If you are divorcing, a court under the Divorce Act considers a parent's willingness to support the child's relationship with the other parent. Parents who were never married, or are not divorcing, need a parenting order under Ontario's Children's Law Reform Act. If you fear a child may be taken out of the country, call police right away.
Key takeaways
- With no order in place, whether you can hold back contact depends on your facts, so get advice before you act.
- A court may refuse parenting time where there is a fear that a parent may harm the children, harm the other parent, or not return the children.
- Supervised parenting time can be arranged where there are safety concerns, including through a Supervised Access Centre.
- The usual case conference requirement before a motion for a temporary order does not apply in cases of urgency, such as immediate safety risk.