Are Your Visitation Rights Being Violated?
Divorce breaks a family apart, but it’s even worse when your ex-spouse interferes with your rights to visit or access your children.
It’s a frustrating, heartbreaking situation, especially because you might not know what your rights are, and you aren’t sure if your spouse is violating the law. Read on to learn how you can tell whether your spouse is disobeying the court’s orders about visitation, and what you can do about it.
The Harm in Denying Access
Generally, the court believes it’s in the best interest of your children for them to see you if they don’t live with you. There are some occasions where it’s not in the interest of the child for the non-custodial parent to have access, such as in cases of domestic violence or when the non-custodial parent has a drug or alcohol abuse problem.
When the custodial parent denies access to the non-custodial parent, he or she is interfering in that relationship. That can be psychologically unhealthy for the child, especially if the child had a positive relationship with the non-custodial parent before the divorce. Furthermore, it’s not uncommon for the custodial parent who denies access to the other parent to attempt to turn the child against the non-custodial parent.
When Your Ex Denies Access to Your Child
Unless the court says otherwise, you have the legal right to see your child. So, your ex can’t prevent you from doing so.
Sometimes, an access order (which is a ruling from the judge that lays down the rules of when the non-custodial parent can see the child) will say that access is at the discretion of the custodial parent. Another time your ex-spouse might deny you access is if he or she claims you’re exhibiting unsafe behaviour – for example, if you’re under the influence of drugs or alcohol and intend to drive with the children. However, he or she has to notify his or her lawyer or family court duty counsel immediately that access has been denied.
What Can You Do?
If your ex is violating your access rights, you need to take action, and you need to do it quickly. What steps should you take?
Contact your lawyer, if you have one, or the family court duty counsel to inform the court that your ex has violated the access order. Violating a court order is a serious matter, and your ex could face legal consequences for doing so.
If the court determines your ex has denied your access to your children, the judge will decide how best to enforce the order to protect your rights as well as your relationship with your children. The judge can order the police to enforce the order and ensure that your ex allows you to pick up your children when it’s time for your visits with them.
Being denied access to your children is a very frustrating situation, but losing your temper (or worse, becoming violent) won’t help your case. Stay calm and document every instance in which your ex has denied access. Evidence will convince a judge that your ex has violated the law, and that the court should take action.
Fight for Your Rights with a Family Law Expert
Don’t let your ex prevent you from seeing your children. You might not know the laws regarding custody and access in Ontario, which is why you should turn to an experienced lawyer who has years of dealing with divorce, custody and access.
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.