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What has to be proven to succeed on a contempt motion for denied parenting time?

TSL Written by the Treadstone Law team· Updated August 2026

A contempt motion asks the court to find that someone deliberately disobeyed a clear court order, and Ontario courts treat this as a serious step, not a routine remedy for every parenting time dispute. To succeed, the parent bringing the motion generally has to show three things: that the order was clear and unambiguous about what parenting time was required, that the other parent knew about the order, and that the other parent intentionally failed to comply with it. Because contempt can carry serious consequences, courts require this to be shown to a high standard of proof, not just on a balance of probabilities.

A single missed exchange, a scheduling misunderstanding, or a parent's genuine belief that a term was ambiguous will usually not meet this bar. Courts look for a pattern of deliberate non-compliance, or a clear, flagrant breach, rather than isolated friction between separated parents. Because contempt is discretionary even where it's technically proven, and because courts prefer proportionate remedies where possible, documenting each denied visit, keeping communications in writing, and getting advice on whether the order itself is specific enough to support a contempt finding are important first steps before filing.

Key takeaways

  • Contempt requires a clear order, the other parent's knowledge of it, and a deliberate breach.
  • The standard of proof is higher than in most family law motions, reflecting the seriousness of a contempt finding.
  • Isolated misunderstandings rarely qualify; courts look for a pattern or a flagrant breach.
  • Detailed, written documentation of denied parenting time strengthens a contempt motion significantly.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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