Parental Alienation Claims in Ontario Family Court

If your child suddenly refuses to see you, it is natural to wonder whether the other parent is behind it. Parents often describe this as parental alienation.

This article explains how Ontario courts approach those concerns. The term is not a legal test, so the focus is on the factors courts actually apply and on the tools available.

Alienation is not a statutory term

Neither the Divorce Act nor the Children's Law Reform Act (CLRA) uses the word alienation. Courts assess these concerns through the listed best-interests factors.

One of the listed best-interests factors is each spouse's willingness to support the development and maintenance of the child's relationship with the other spouse, although the court's primary consideration is always the child's physical, emotional and psychological safety, security and well-being. The Divorce Act has it at s. 16(3)(c) and the CLRA at s. 24(3)(c).

How courts assess the concern

The court's primary consideration is the child's physical, emotional and psychological safety, security and well-being. A child's refusal to see a parent is looked at alongside the rest of the picture.

• The child's needs given age and stage of development.
• The child's relationships.
• The history of care.
• The child's views and preferences, given due weight for age and maturity.
• Each parent's ability to communicate and cooperate.

The court does not consider past conduct unless it is relevant to parenting time, decision-making responsibility or contact. The list of factors is not exhaustive.

Tools the court may use

Under CLRA s. 30, the court may appoint a qualified professional to assess the child's needs and each party's ability to meet them. It may draw inferences if a party refuses to attend.

The court may also interview the child, and the interview must be recorded. Ontario's guidance says the court may involve the Office of the Children's Lawyer, an independent law office within the Ministry of the Attorney General.

Where there are safety concerns, supervised parenting time can be arranged. Under CLRA s. 28(1)(c), a parenting order can include conditions, such as stopping a party from changing the child's residence, school or day care, or removing the child from Ontario, without consent or a court order. Under Divorce Act s. 16.1(4)(c), a parenting order can set rules for communication with the child, such as calls or video, during another person's parenting time.

Your duties as a parent in the case

Parties must protect the child from conflict arising from the case as far as they are able. Where appropriate, they must also try to resolve matters through a family dispute resolution process.

If an order is in place and is not followed, Ontario's guidance says you can be fined or jailed for not following a court order on decision-making responsibility, parenting time or contact. The court may also make any order it considers necessary for a just result, including costs.

What to do next

• Keep a calm, factual record of missed visits, messages and what the child says, without pressuring the child.
• Keep supporting the child's relationship with the other parent, since willingness to do so is a listed factor.
• Avoid discussing the case with the child.
• Ask a lawyer whether an assessment under CLRA s. 30 or involvement of the Office of the Children's Lawyer suits your situation.
• Consider whether a parenting order or enforcement step is appropriate.

Frequently asked questions