Legal Rights of Fathers in Ontario: Asserting Your Rights in Parenting (Custody and Access) Matters
There are times when fathers may need to fight for their rights in court. All else being equal, the mother cannot deny the father residential time to the child. As the father, you may need to avail yourself of the court system to either enforce an existing court order or to obtain a variation. Your child’s right to enjoy two parents is not something that should be taken lightly. If you are a father, and you believe that you are being denied your rights, the Gene C. Colman Family Law Center can help.
There Is No Presumption in Favor of the Mother
For decades, Gene C. Colman has been in the forefront of the movement to entrench into Canadian and Ontario law a rebuttable presumption for Equal Shared Parenting. Ontario law does not express any statutory preference for either parent. Even though there is no presumption that the children will live primarily with their mother, still that is often what happens in practice. Hopefully, the parents negotiated a parenting agreement at the time of separation that would give the father significant parenting time and a significant role in making decisions relating to the children. But that’s not always the case and sometimes, you need to take definitive steps to protect your children’s rights.
Court Orders Must Be Followed
You may have obtained an initial court order in your parenting (custody) case that was either the result of a judge’s decision or a negotiated child custody agreement. So long as it remains in effect, each parent must follow the terms of the order to the letter. If for example the mother is not following the agreement, the father may need to take steps to enforce and that could include court. The judge may consider the behavior of each of the parents when they rule on the motion. The judge may hold it against the mother if she was not allowing the father to see the children during designated parenting time or not allowing the father to share in decisions involving the children (if the agreement provided for that).
A Contempt Order Is Possible But Rare
There is always a possibility that you may be able to seek a contempt order against the mother if she refuses to allow you to see the children or otherwise disregards the parenting (custody) order. However, the Ontario Court of Appeal has generally held that contempt motions should only be a last resort, and that they only be used sparingly. The Ontario Family Law Rules have other remedies that are less severe than contempt and that do not require the same level of proof as would a finding of “contempt”.
Preferably, you should try to work out the dispute with the mother first before you take the issue to court. It is only after you cannot reach an accommodation and your children are still being denied their right to both parents, that you should consider court and perhaps, contempt.
Contact an Ontario Family Law Lawyer Today
When you need pragmatic legal advice from a sensitive lawyer, contact the Gene C. Colman Family Law Centre. We can work to aggressively assert your children’s rights to both parents when the other parent is being obstructive. To schedule an in depth consultation with a family law lawyer, where we learn about your case and explain your legal options, send us a message through our website or call us today at 888-389-3099.
