Denial of Parenting Time in Ontario: Your Rights and How to Enforce Them

If the other parent is refusing to hand over the children for your scheduled parenting time, you are experiencing one of the most distressing situations in family law. Denial of parenting time in Ontario is taken seriously by courts — it can have lasting consequences for the parent who withholds, and there are legal remedies available to you.

This article explains when denial is lawful (rarely), what your options are, and how Ontario courts respond when parenting time is interfered with.

The Starting Point: Parenting Time Is a Right — and a Responsibility

Under the Divorce Act and Ontario's Children's Law Reform Act, parenting time orders are not optional. Both parents are legally obligated to comply with court orders or legally binding separation agreements. Withholding the children from a parent who has a valid order for parenting time is a violation of that order.

The law also recognizes — and this is important — that each parent has a duty to facilitate the child's relationship with the other parent. A parent who repeatedly interferes with parenting time may find that the court treats it as evidence that they are not acting in the child's best interests.

When Can a Parent Withhold Children?

The short answer is: almost never, except in genuine emergencies.

A parent may briefly and reasonably withhold children if:

• The child is genuinely ill and cannot travel safely, and the parent immediately notifies the other and offers a make-up time
• There is an immediate, verifiable risk to the child's safety at a specific scheduled exchange — not a general dislike of the other parent or unproven allegations

A parent may not withhold children because:

• Child support has not been paid (parenting time and child support are legally separate; non-payment of support should be addressed through enforcement, not self-help)
• The parent disagrees with the other parent's lifestyle choices that do not affect the child's safety
• The child says they do not want to go (a child's preference must be raised through proper legal channels, not unilaterally honoured by one parent)
• There is an allegation of wrongdoing that has not been established by a court

What You Can Do When Parenting Time Is Denied

1. Document Everything

Keep a detailed, dated record of every missed exchange: the time and location you attended, any messages received from the other parent, and what, if anything, the other parent said as justification. Screenshots of text messages, emails, and voicemails are valuable evidence.

2. Send a Written Message

After a denial, send a calm, written message to the other parent (text or email) noting that the exchange did not take place, that you attended, and requesting make-up time. This creates a paper trail and may resolve the issue without court involvement.

3. Contact a Lawyer Immediately

If denial is recurring or appears intentional, contact a family lawyer as soon as possible. The remedies available to you depend on having good evidence and acting promptly.

4. Apply to the Court for Enforcement

If the other parent continues to deny parenting time, you can apply to the court. Available remedies include:

Make-up parenting time: The court can order compensatory parenting time to replace the missed visits.

Costs: The court can order the offending parent to pay your legal costs related to the enforcement motion.

Change of parenting arrangement: In serious or chronic cases, courts have responded to repeated denial by changing the primary residence of the child to the parent who was being denied time. Ontario courts have made clear that denying parenting time is not a neutral act — it harms the child and may disqualify the denying parent from retaining primary care.

Contempt of court: For a court order (as opposed to a separation agreement), deliberate non-compliance can be addressed through contempt proceedings. Contempt is a serious legal finding that can result in fines or, in extreme cases, imprisonment.

Warrant for the child's return: In urgent situations involving removal of the child, a court can issue a warrant directing police to locate and return the child.

The Children's Law Reform Act: Section on Enforcement

Ontario's Children's Law Reform Act contains specific provisions dealing with interference with parenting time. Courts can, among other things, require a party to post a performance bond — a sum of money that is forfeited if parenting time is denied again.

What About Parental Alienation?

When denial of parenting time is part of a broader pattern — including a parent badmouthing the other parent to the child, coaching the child to refuse visits, or engineering the child's rejection — courts may find that parental alienation is occurring. This is a recognized factor in best-interests assessments and can significantly affect the outcome of parenting proceedings. Courts have changed primary residence from the alienating parent to the target parent in well-documented cases.

Urgent Situations: Emergency Orders

If you believe your child is at imminent risk of removal from Ontario or is in immediate danger, you can seek an emergency court order — sometimes on the same day, without the other party being present (called an ex parte or without-notice motion). These orders are reserved for genuine emergencies.

Frequently asked questions