In 2019, the Ontario Court of Appeal in the case of A.M. v. C.H. found that the trial judge reasonably concluded that the child's best interests mandated parenting time with the father and reconciliation therapy, over the child's heated objections. "Without any conclusive evidence that such orders are ineffective — see for instance, Nicholas C. Bala and Katie Hunter, "Children Resisting Contact & Parental Alienation: Context, Challenges & Recent Ontario Cases" (2015) .. this court should not and cannot interfere." (para. 76)
This paper, authored by Nicholas C. Bala and Katie Hunter, notes that the legal profession can have a critical role in “encouraging” parents who engage in alienating behavior to desist in such behaviour and focus on the interests of their children. Further, even though in many less severe alienation cases parents can be helped (or pressured) to reduce their conflict, in the most severe alienation cases contact with an alienating parent may need to be suspended to prevent emotional trauma to the child. In other cases, it may be best for the child to give up efforts to legally enforce contact with a rejected parent.
To access this original paper authored by Nicholas C. Bala and Katie Hunter, click here.
