Refusing Parenting Time Over Unpaid Child Support in British Columbia

If the other parent has fallen behind on child support, it is natural to feel that you should not have to hand the child over. Many parents consider holding back visits to get their attention. That choice can carry real risk for you.

This article explains why parenting time and child support are treated as separate issues in British Columbia, when a denial is not wrongful, and what you can do about missed payments instead.

This article covers the law of British Columbia.

Two separate issues

Parenting time is the time a child is with a guardian, as allocated under an agreement or order. Decisions about it must consider the best interests of the child only. Whether support has been paid is not among the best interests factors the Act lists.

Put simply, the law looks at what the child needs, not at whether a parent has met a financial obligation. A child's time with a parent is not treated as a bargaining chip for payment.

The same idea applies to contact, which is time with a person who is not a guardian. Contact is also decided on the child's best interests.

When a denial is not wrongful

The Family Law Act lists situations in which denying parenting time or contact is not wrongful. They are:

• the guardian reasonably believed the child might suffer family violence, or that the other person was impaired by drugs or alcohol
• the child was ill and a medical practitioner or nurse practitioner gave a written statement that the visit was inappropriate
• the other person repeatedly failed to exercise time in the previous 12 months without notice or excuse
• the other person said in advance that the time would not be exercised
• other circumstances the court finds sufficient

Unpaid child support is not one of the listed situations. The last item leaves room for the court's judgment, but you should not count on it applying to missed payments. A lawyer can tell you how a court might see your particular facts.

What can happen if a denial is wrongful

A person entitled to parenting time or contact under an agreement or order may apply to the court within 12 months after the denial. The court can order any of the following:

• family dispute resolution or counselling
• compensatory time with the child
• reimbursement of expenses
• supervised transfers, security or reporting
• payment or a fine of up to $5,000

A court may also look at the opposite problem. If a person repeatedly fails to exercise their time, the court may order dispute resolution, counselling, supervised transfers, reimbursement of others' reasonable expenses, or security or reporting.

What you can do about unpaid support

Missed payments have their own process. In Provincial Court, enforcement uses Form 29 Application about enforcement. The details of the enforcement tools available depend on your order or agreement, and a lawyer or the court registry can explain them.

If your real concern is the child's safety, that is a different matter. You can ask the court for a parenting order, which can require supervision of parenting time or transfers by a named person. An existing order can be changed, suspended or terminated if the child's needs or circumstances have changed.

What to do next

• Keep following the current agreement or order while you sort out the support problem.
• Keep a record of payments due, payments received and dates.
• Keep parenting time and support messages separate and calm.
• If safety is a concern, write down what happened and speak to a lawyer before you stop any time.
• Ask a lawyer about enforcement options for the unpaid support.

Frequently asked questions