Denial of Parenting Time
Parenting time, also known as access or visitation, is a critical aspect of family law that ensures a child maintains a relationship with both parents following separation or divorce. However, situations may arise where one parent believes it's not in the child's best interests to spend time with the other parent. In such cases, a parent may consider denying access.
What is Denial of Parenting Time?
Denial of parenting time refers to situations where a parent doesn't allow the other parent to spend time with the child, as previously agreed upon or ordered by the court. It's important to note that neither the Children’s Law Reform Act, R.S.O. 1990, c. C.12 (the “CLRA”), nor the Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, contain any specific provision for denying access.
Suppose a parent believes that it's not in the child's best interests to spend time with the other parent. In that case, they should seek a Decision-Making/parenting time order with a no-parenting-time provision or with a parenting time order in their discretion provision. However, this is rarely granted and only in circumstances where there is clearly no benefit to the child to have parenting time with the other parent.
When is Denial of Parenting Time Appropriate?
There are few exceptions to the rule that parenting time should not be denied without first obtaining an order under the CLRA or the Divorce Act. These include:
Bail or Probation Conditions: In cases where there are bail or probation conditions prohibiting contact between the parent and the child, denying access may be appropriate. These conditions are usually in place when a parent is alleged to have committed an offense against the child or the other parent.
Verified Child Protection Concerns: If the custodial parent has contacted the local child welfare authority and they have verified a risk of harm to the child if the other parent has parenting time, access may be denied.
Substance Abuse or Mental Health Issues: In cases where a parent has significant concerns about risk from the other parent due to substance abuse or mental health issues, it may be prudent to deny access until the matter can be brought before a judge.
In all these situations, it's crucial to obtain the earliest possible court date and bring the matter before a judge for a determination, as to whether or not parenting time is in the best interests of the child.
Navigating the Complexities of Parenting Time
Denying parenting time is a complex issue that requires careful consideration and legal guidance. It's essential to remember that any decisions or actions taken should always prioritize the best interests of the child. If you're facing a situation where you believe denying parenting time is necessary, it's crucial to seek professional legal advice to navigate the intricacies of family law and ensure your child's wellbeing is protected.
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