Custody Visitation Non Without
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FAQ
The mother cannot generally deprive the father of access to the child. He must be informed first if the mother decides to move away. If a father opposes the child's move, he must prove that the proposed change may negatively affect the child ? for instance, the schools are of a lower standard or the crime rate higher.
Access is a right of the child and not a right of the parent. A parent with custody cannot refuse access to the other parent, unless there is a Court order stating that. If a parent with custody refuses access, he or she can be found in contempt of Court, fined or possibly imprisoned.
The provincial Children's Law Reform Act75 and the federal Divorce Act76 both indicate that a non-custodial parent who has access to a child has the right to make inquiries and to be given information concerning the child's health, education and welfare.
Ing to Canadian law, until courts decide otherwise, both parents have equal rights of custody to any and all children.
Legal Concerns for Refusing Visitation No matter the reason for not wanting to see their other parent, custodial parents are responsible for making sure that their child sees their other parent. Family law courts want to see co-parents working together to encourage their child to spend time with each parent.