Video Calls and Phone Contact With Your Child in Ontario

If you see your child only part of the week, or live in another city, a daily call or a bedtime video chat can matter a great deal. Many parents wonder whether they are entitled to it, and what happens if the other parent keeps ignoring the phone.

This article explains how virtual contact generally fits into Ontario parenting law, how it can be written down, and what to do if it is not being respected. Your situation is specific, so a lawyer can confirm how this applies to you.

Is virtual contact a right?

No statute or official Ontario page sets out video or phone contact as a stand-alone right. Courts order it case by case, so it is best seen as a common option rather than an entitlement.

The power comes from the Divorce Act, which says a parenting order may set requirements for communication between the parties and may provide for any other matter the court considers appropriate. Under this power a court can write video or phone contact, or tailored conditions, into an order. A parenting order may also impose any terms, conditions or restrictions the court considers appropriate.

If you were never married or are not divorcing, you cannot get a Divorce Act order. You need a parenting order under Ontario's Children's Law Reform Act. A lawyer can confirm the details of that route.

What the court looks at

Under the Divorce Act, the court considers only the child's best interests, giving primary consideration to the child's physical, emotional and psychological safety, security and well-being. Factors include the child's needs given their age and stage of development, each parent's willingness to support the child's relationship with the other parent, and each person's ability and willingness to communicate and cooperate.

The child's views and preferences are also considered, with due weight according to age and maturity. A court must also give effect to the principle that a child should have as much time with each parent as is consistent with the child's best interests.

• A young child may do better with short, predictable calls than long ones.
• An older child may want a say in timing and format.
• Safety concerns can change how contact is set up.

How virtual contact is written down

Parents often agree on details such as how communication will happen. Justice Canada's checklist asks parents to decide whether it will be by phone, e-mail, text, social media or video chat. It also says plans should be flexible enough to be realistic and allow for unforeseen events such as illness, and asks parents to consider how the plan may change as children grow.

Points worth thinking about for a call clause:

• Which platform or phone number will be used
• Days and times, for example before bedtime
• How long each call will last
• What happens if the child is sick, busy or travelling
• Whether calls continue during holidays and school breaks
• Whether the parent with the child will help set up the call

Holiday and school break arrangements are also a point on the checklist. Under the Divorce Act, when a court is given a parenting plan by the parties, it must include it in the order, unless the plan is not in the child's best interests, in which case it may modify the plan.

Making it enforceable and changing it

An informal parenting plan can be difficult to enforce. A plan can instead be included in a separation agreement or in a court order. A person subject to a parenting order must comply with it until it is no longer in effect. If an order is not followed without good reason, the court can take action against the person who did not comply, including a fine or jail.

Parents who agree during a case can ask a judge to make an order on consent. To change a final parenting order by agreement, both parties sign Form 15C in front of witnesses and file it with Form 14B and a typed Form 25 draft order. If the other parent does not agree, you file Form 15: Motion to Change.

Under the Divorce Act, before varying a parenting order the court must be satisfied that there has been a change in the circumstances of the child since the order was made. Relocation of a child is deemed to be a change in circumstances, although a relocation the court has already prohibited does not count as a change by itself. On a variation application, the court also cannot consider any conduct that could not have been considered when the original order was made.

What to do next

Start by keeping a simple record of when calls were scheduled, whether they happened, and any reasons given. Raise problems calmly and in writing first, since courts look at each person's willingness to cooperate.

• Gather your current order or agreement
• List the call times you want and why they suit your child
• Keep a dated log of missed or cut-short calls
• Consider mediation; free mediation is available at Ontario courthouses on the day you are in court
• Speak with a family lawyer before filing a motion to change

Frequently asked questions