COVID-19 Update — To assist in our community’s collective effort to combat COVID-19, our physical offices are operating on a restricted basis. Although we are limiting attendance at our office by both firm members and clients, we remain otherwise fully operational and look forward to continuing to provide the highest level of legal services to our clients. Read our full response notice here.

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.

Contact Us

2 St Clair Ave West
Suite 1700
Toronto, ON M4V 1L5
Canada

Phone: (416) 863-0125

Fax: (416) 863-3997

Questions? Send us an email.

    Sending an e-mail to us will not make us your lawyers. You will not be considered a client of Mills & Mills LLP until we have agreed to act for you in accordance with our usual policies for accepting clients. No information we provide to you can be treated by you as legal advice, unless and until we have agreed to act for you. Confidential or time-sensitive information should not be sent through this form.