The children of the marriage refuse to go to an access visit with my ex-spouse. What do I do?

Most of the time, divorce is difficult on the children of the marriage. It is often hard to come to terms with, as well as to move forward from the shock that a child or children experience when the marriage of their parents breaks down and comes to an end. At times, children of the marriage will harbour resentment towards one or both of the parents. This could therefore result in a child not co-operating when it comes to access visits with their non-custodial parent.

In the event that the children of the marriage do not show up to access meetings and the custodial parent is alienating the non-custodial parent, it is possible that the custodial parent may be charged with contempt. This means that the parent who holds custody over the child, or children, could be considered to not be complying with the court order and will be held accountable.

When there is no evidence to the contrary, it is generally assumed that it is in the best interest of the child or children to have maximum contact with both parents. Therefore, and assuming there is no danger to the child or children, it is important to demonstrate that you are taking reasonable steps in order to encourage your child to attend access meetings. It is the custodial parent’s obligation to create a dialogue with their child or children, to find out why they do not want to see their other parent and to use their best efforts to reason with them accordingly. The custodial parent is then expected to communicate the difficulties, as well as the progress with the non-custodial parent so that they are privy to what is going on.

Should you require more information on access and visitation, please contact Krol & Krol at 905.707.3370 for a consultation.