3 Things That Can Cost You Your Joint Custody Visitation Rights

Can your ex-spouse’s constantly missing support payments cost them their joint custody visitation rights?

A lot of people wish this was the case. But in Canada, you can’t withhold child access for missed child support payments, nor can you refuse to pay child support because the other parent will not let you see your children. A court will also never take away access because of overdue payments.

That isn’t to say visitation rights can’t be lost or forfeited. Here are 3 ways a parent may lose their visitation or custody rights.

Abuse or Violence’s Impact on Joint Custody Visitation Rights

The best interest of the child is always paramount, and every judge’s decision should reflect this. So if the parent or child is in any sort of danger of abuse, the courts will take action to protect the child and the at-risk parent.

Or in absolutely extreme cases, where the child is safe in the custody of neither parent (in cases of both neglect and abuse), a parent can voluntarily relinquish their rights to the child or a court may be forced to terminate the parent’s rights.

The child is now eligible for permanent adoption.

Voluntarily Giving Up

In other cases, a parent can relinquish their parental rights if they feel unfit to care for their child, which places the child up for adoption. If one of the parents doesn’t consent to the child being put up for adoption, the court will consider all of the factors and do what’s in the best interest of the child.

Keep in mind, a parent cannot relinquish their parental rights simply to get out of paying their child support payments. Just like their custody can’t be taken away for missing payments.

Alienating Your Ex-Spouse to Your Children

We’ve often said that you should never badmouth your ex-spouse to the children, as difficult as that may be. You should also never actively take steps to sour their relationship with the other parent, like lying or misrepresenting facts.

This has always just been our rule of thumb in creating a strong co-parenting relationship, which is always in the best interest of the child. But there is legal precedent in place that says extreme cases of this type of behavior actually cost people custody of their children.

A few years ago, a Toronto judge stripped a woman (simply known as K.D.) of her custody right for systematically attempting to destroy her children’s relationship with their father (known as A.L.).

Over the course of a tumultuous 14-year span, the mother:

• Refused to answer the door when the father arrived
• Refused to answer the phone when he called to say goodnight to his daughters, even though courts ruled he was allowed to do so, 3 times a week
• Arranged to have police show up when the father had the children for the night

Eventually, a judge ruled in the father’s favour, and that the mother couldn’t have custody unless she attends counselling, and a special program for children affected by “parental alienation syndrome,” at her own expense.

“It is remarkable that A.L. has not given in to the respondent’s persistence in keeping his children from him over the last fourteen years and simply gone on with his life without the children as, no doubt many other parents in the same situation would have and, indeed, have done,” McWatt said.

Want to Know Your Custody Rights?

Knowing your custody rights is one of the most important parts of starting the next phase of your life, while protecting your relationship with your children.

Fine & Associates Professional Corporation is a well-respected Toronto Law Firm that prides itself on providing quality personal service and favourable outcomes in Family Law and Divorce Law.

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