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Children do not always listen to their parents.  For example, a child may refuse to clean their room or go to sleep.  Similarly, an otherwise obedient child may decide they do not want to visit their access parent, even though a court has ordered the visit.  The problem is that this failure to attend an access visit could result in a finding of the custodial parent in contempt for failure to comply with the court order. As can be seen in Funnell v Jackscha, the court must be satisfied that reasonable steps were taken by the parent to have the child comply with the access order.  In order to avoid being found in contempt, a custodial parent faced with a disobedient child has a responsibility to encourage the child to attend the access visit.  A court may expect a parent faced with this problem to do as follows:

Have a discussion with the child to determine why he or she does not want to go;

Communicate with the other parent to advise of the difficulty and discuss how it might be resolved; and

Offer the child an incentive to go, or some form of discipline should he or she continue to refuse.

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2 St Clair Ave West
Suite 2101
Toronto, ON M4V 1L5
Canada

Phone: (416) 863-0125

Fax: (416) 863-3997

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