What can I do if the other parent is denying my parenting time in Ontario?
In Ontario, denying parenting time without a valid reason is taken seriously by courts and can have legal consequences for the parent who is withholding access.
If you have a separation agreement or court order specifying your parenting time and the other parent is not complying, your first step should be to document each instance — dates, what was denied, any communication exchanged. This record is essential if you need to go to court.
You can apply to the court for enforcement of the parenting time order. Courts can make orders compelling compliance, compensate you with "make-up time," impose fines or other consequences on the parent who denied time, or in serious cases, vary the parenting arrangement to reflect the custodial parent's conduct.
If you do not yet have a formal agreement or order, pursuing one is the first priority so that your rights are clearly documented and enforceable.
Ontario courts consistently hold that a meaningful relationship with both parents is in the best interests of children (in the absence of safety concerns). A parent who persistently denies parenting time undermines this principle and risks an adverse order.
Before going to court, some families find that a demand letter through a lawyer or a session with a parenting mediator can resolve the issue without litigation.
Key takeaways
- Document every instance of denied parenting time with dates and details.
- Apply to the court for enforcement if the other parent is not following an agreement or order.
- Courts can order make-up time, fines, or changed parenting arrangements for persistent denial.
- A demand letter or mediation may resolve the issue without court involvement.