The right of the child to visit or spend time with each parent has been referred to as ‘access’. The Divorce Act has replaced ‘access’ with “parenting time” (for spouses) and “contact” (for non-spouses). The Parenting and Support Act has replaced ‘access’ with ‘parenting time’ (for parents or guardians), and ‘contact time’, or ‘interaction’ for others.
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Parenting time is the time a child spends with a parent or guardian, under a court order or agreement.
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Contact time is the time a child spends with someone other than a parent or guardian, under a court order or agreement. This can include a grandparent or other family member.
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Interaction means direct or indirect association with a child, outside of parenting time or contact time. Interaction includes communications with a child other than ‘in person’ time – like, for example:
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phone calls, emails, or letters
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sending gifts or cards
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attending the child’s school activities or extracurricular activities
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receiving copies of report cards or school photos
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FaceTime with the child
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These terms can be broadly referred to as ‘parenting arrangements.’
There are no specific rules around how much time a child should spend with each parent because all parenting decisions regarding children are to be made based only the best interests of the particular child. Every situation is different, and every child is different. There are no legal starting points (presumptions) in either the Divorce Act (federal) or the Parenting and Support Act (provincial) about parenting arrangements.
For example, the law does not have a rule that parents should each have an equal amount of time with their children.
However, as a general guide, the Divorce Act and the Parenting and Support Act both have a principle that a child “should have as much contact with each [parent] as is consistent with the best interests of the child.” The best interests of the child will depend on that child’s specific needs and their situation. Click here to learn more about some of the factors the court must look at to decide on the child’s best interests.
In law, it is the child’s right to have contact with both parents, as long as this contact is safe and reasonable.
The type of parenting arrangement that is right for your situation depends on your particular circumstances, and the needs and best interests of your child(ren). The test that the court uses to make decisions about parenting arrangements is called ‘the best interests of the child,’ where the children’s needs and well-being are always the most important factors. The judge must decide what is best for the children, not what is best for the parents.
Generally, flexible parenting arrangements will only work if both parents get along reasonably well, and are able to work out parenting arrangements without conflict. Both parents will have to communicate with each other to figure out parenting arrangements on an ongoing basis.
If you think the other parent may not communicate well enough with you to arrange for flexible parenting times, or you want something more specific in your order, you can ask for specific dates and times for parenting time or interaction.
Supervised parenting time is generally only used in cases where there could be a risk to the children’s safety if the visit is not supervised by another adult. Sometimes supervised parenting time is also used to re-introduce a child to a parent who may not have seen them in a long time. If you are asking for supervised parenting time, be prepared to tell the court who you think could act as a supervisor. This could be a friend or family member – but be sure to ask the friend or family member if they will agree to supervise. There may also be a community organization in your area who does supervised parenting visits – check with the court in your area to find out if this service exists in your area.
Click here to view Enforcement of Parenting Arrangements.
Frequently Asked Questions About Visitation:
It is not unusual for a child to refuse to go to the other parent's home. Many children find these transitions difficult and may refuse to go, or if they go, may act out for a period of time after the transition.
Unless there are safety concerns with the other parent's home, parents are expected to take all reasonable steps to ensure that the child transitions to the other home. You would often deal with this in the same way you would if the child were refusing, for example, to go to school or go to childcare. Some suggestions to make that transition go more smoothly are:
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Don't misinterpret the child's refusal to go to the other parent's home as meaning there is something wrong going on at the other parent's home. This is probably not the case.
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Don't misinterpret the child's refusal to transition to your home as the child not loving you. Even kids with a great relationship with a parent may sometimes refuse to transition into their care.
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Don't misinterpret the child's refusal to go to your home to mean that the other parent has been discouraging them from going with you. A refusal to transition into your care does not necessarily mean that the other parent is trying to discourage the child's relationship with you.
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Be positive with the child about the time they are going to spend with the other parent.
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Prepare the child for the transition by giving them age‑appropriate reminders ("tomorrow you will see your father"; "your mother will be here in ten minutes to pick you up").
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Make sure that the child is not engaged in a fun activity (video game, TV show, etc.) when it is time to transition into the other parent's care.
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Engage the child in the transition process. For example, have them help pack their overnight bag, have them call the other parent to let them know you are on your way, etc.
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Allow the child to bring their favourite comfort items back and forth with them between houses (favourite blanket, video game, etc.)
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Make sure that the transition times are as friendly and comfortable as possible. For example, although it may be a convenient time to discuss issues in relation to the child, if there is any chance the discussion will become uncomfortable or turn into a disagreement, hold off on the discussion for a time when the child is not present.
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Make sure that the child has everything they will need for their time with the other parent so that there are no arguments during the transition time (homework, skates, etc.).
Children may not want to go with the other parent because they are worried about the parent they are leaving. Sometimes the transition is more difficult and traumatic for the parent than it is for the child. Let the child know that you will be fine without them in your care. Be careful that you are not giving them any non‑verbal cues that you do not want them to go. Kids can understand body language!
What you are able to do in this situation will depend on your circumstances, and whether you have a court order or not. If you do not have a court order for decision-making responsibility or parenting time, you can apply to the court for one. Usually you will make your application in the court nearest to where the child normally lives. If you have a court order, there may be court applications for enforcement that you can make, or you may apply to change your current order, depending on your situation. You should speak with a lawyer for advice about what to do. You may also speak to court staff about how to make an application in these circumstances.
Sometimes, police may get involved when a parent does not return a child. Generally, though, police may only get involved if the child is in danger, or if there is a court order in place that says which parent the child is supposed to be with at specific times. Policing agencies have their own rules and policies around what they will and will not enforce.
Yes. In law, time with your child and the obligation to pay child support are two different things. You cannot use the other parent's action in denying contact as a reason to not meet your obligation to pay support.
It is the child’s right to be financially supported by both parents. You cannot deny the child’s rights to have financial support because you are being denied time with that child. Enforcement of your child support order or agreement will continue.
If you are being denied time with your child, you should speak with a lawyer for advice on what to do. If you do not have a court order, you may apply for one. If you have an order for time with the child already, there may be ways for you to change or enforce that order.
Under the Parenting and Support Act, there are court applications that can be made when someone denies parenting time, contact time, or interaction as set out in a court order or registered agreement. These applications must be filed no more than twelve months from the date of the denial.
Under these applications, a judge may order any of the following:
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counseling or programming for the parties or the child, which may have to be paid for by one or both of the parties;
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additional parenting time, contact time, or interaction;
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that the person failing to exercise time with the child reimburse the applicant for any expenses incurred as a result of the failure:
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for example, if the applicant had paid for transportation to bring the child to the visit, and the visit didn’t take place.
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that the transfer of the child for parenting time or contact time be supervised:
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this is sometimes called ‘supervised exchange’.
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that parenting time, contact time, or interaction now be supervised:
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this is sometimes called ‘supervised parenting time’.
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the payment of costs or the payment of up to $5000 to be held in trust for the child;
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further court appearances.
If the judge believes that the order will not be followed, they may also order that the respondent:
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post security with the court;
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this means the respondent would leave a designated item or amount of money with the court.
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report to the court or to a person named by the court;
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this means the respondent would have to check in with the court or a person named in the order to show that they are following the order.
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If the judge finds that the parenting time, contact time, or interaction has been denied, without reasonable excuse, this may be considered a material change in circumstances. This means the judge may change the order for parenting time, contact time, or interaction. The judge can do this even if the applicant did not apply for the change.
Talk to a lawyer to find out what is best in your situation, and if making an application to the court is appropriate.
Yes. In law, child support and parenting time are two different things. You cannot use the other parent's failure to pay support as a reason to deny contact.
It is the child’s right to have contact with each parent, and it is also the child’s right to be financially supported by both parents. You cannot deny one of the child’s rights (to have time with both parents) because you are not receiving child support.
If you are not receiving child support from the other parent, you should speak with a lawyer for advice on what to do. If you do not have a court order, you may apply for one. If you have an order for child support already, you can have this order enforced through the Maintenance Enforcement Program.
Unfortunately, it is very difficult to make someone visit their children. If the other parent is supposed to have specific visits with the children and is not exercising this time, keep track of the days and times when this happened, and what the circumstances were.
Sometimes things come up – if the other parent becomes ill or is called into work, there may be nothing they can do, other than letting you know they cannot visit that day. If the other parent misses many visits for no good reason, you should seek legal advice about what to do.
If the parenting arrangements are set out in a court order, you may be able to apply to change that order; however, it is considered the child’s right to have contact with both parents (as long as this is safe and reasonable), so asking for the other parent to have no parenting time at all may not be something that will be ordered.
Under the Parenting and Support Act, there are applications that can be made when someone fails to exercise parenting time, contact time, or interaction as set out in a court order or registered agreement. These applications must be filed no more than twelve months from the date of the failure.
Under these applications, a judge may order any of the following:
-
counseling or programming for the parties or the child, which may have to be paid for by one or both of the parties.
-
additional parenting time, contact time, or interaction.
-
that the person failing to exercise time with the child reimburse the applicant for any expenses incurred as a result of the failure:
-
for example, if the applicant had paid for transportation to bring the child to the visit, and the visit didn’t take place.
-
-
that the transfer of the child for parenting time or contact time be supervised:
-
this is sometimes called ‘supervised exchange’.
-
-
that parenting time, contact time, or interaction now be supervised:
-
this is sometimes called ‘supervised parenting time’.
-
-
the payment of costs or the payment of up to $5000 to be held in trust for the child;
-
further court appearances.
If the judge believes that the order will not be followed, they may also order that the respondent:
-
post security with the court:
-
this means the respondent would leave a designated item or amount of money with the court.
-
-
report to the court or to a person named by the court:
-
this means the respondent would have to check in with the court or a person named in the order to show that they are following the order.
-
If the judge finds that the parenting time, contact time, or interaction has been not been exercised, without reasonable excuse, this may be considered a material change in circumstances. This means the judge may change the order for parenting time, contact time, or interaction. The judge can do this even if the applicant did not apply for the change.
Talk to a lawyer to find out what is best in your situation, and if making an application to the court is appropriate.