What to Do When Your Child Is Being Withheld From Another Parent

If a parent or guardian is withholding a child from another parent, the first step is to reach out to a family lawyer. Each case is unique, and a child custody lawyer will assist you in navigating your specific situation, ensuring you can reunite with your children with minimal disruption. Our family law team is dedicated to guiding you through this challenging process.

Attempting to handle these issues alone can often lead to emotionally charged missteps, which may reflect poorly in court. Emotions often run high in most denying child custody and parenting time disputes. Without guidance, one might take actions that, while understandable, could be seen as reactive or uncooperative if they escalate to court.

Often, in this case, your family lawyer will guide you through the process of obtaining or enforcing a parenting order. In Alberta, this is the legal mechanism for defining parenting time.

Navigating Parenting Time

In Alberta, parenting time is either governed by a parenting order or arranged by an informal arrangement between the two parents.

Within a formal parenting order, your parenting time clause outlines the schedule and terms for each custodial parent, non-custodial parent, or guardian’s time with the child. It includes:

• Detailed schedules for routine days, such as weekdays, weekends, or specific times of day.
• Allocation of time during holidays, birthdays, and other significant events to ensure each parent has meaningful time during essential moments.

If necessary, the order can include specific conditions, like supervised visitation or location restrictions, when required for the child’s safety or well-being.

Not all parents have parenting orders. Parenting orders are typically only necessary in high-conflict situations when parents cannot agree on arrangements for the child, such as living arrangements, parenting time, or decision-making responsibilities. Many parents reach informal agreements or establish parenting plans without court involvement, which can be just as effective if both parents are cooperative and prioritize the child’s well-being.

If you don’t have formal arrangements in place but are being denied parenting time, then start by reaching out to the other parent. Sometimes, misunderstandings or temporary issues (like illness or scheduling conflicts) can lead to withholding incidents or someone denying parenting time to the other parent. You may also want to suggest family mediation services, which can be a practical first step.

However, if you begin to see a pattern of withholding and cooperation is no longer possible, you may want to create a parenting order or set about enforcing an existing one with an access order.

It’s crucial to keep detailed records of each instance where parenting time is denied, including dates, times, and any relevant communications. This documentation may be vital if the issue escalates to court. Consulting a family lawyer can help you understand your options, ensure your actions comply with Alberta’s Family Law Act, and effectively protect your child custody and visitation rights.

In extreme circumstances where the child’s well-being is at risk, you can file an emergency court order application to intervene immediately.

Filing Or Enforcing a Parenting Order

On a simplistic level, one parent can apply for a parenting order through the Alberta courts by completing the necessary forms and submitting them to the family court. Forms typically include details about the parent’s preferred parenting time, decision-making responsibilities, and any other necessary terms. Once issued, the parenting order becomes legally binding, and both parents must follow it.

If a parent fails to comply with the parenting order, the other parent can take action to enforce it. If the non-compliance persists, the compliant parent can file an application with the court to enforce the parenting order with documentation of non-compliance, noting dates, times, and any communication attempts.

When a parenting relationship is no longer cooperative, attempting direct communication with the non-compliant parent may sometimes lead to misunderstandings. If relevant, continue to pay child support and spousal support, and meet your child’s needs to the best of your ability during this time, as this will be looked upon favorably by the judge.

The court will review the evidence, and if a breach is confirmed, a judge may order remedies such as compensatory parenting time, fines, or, in severe cases, modifications to the parenting arrangement. In serious situations, the court can also add a police enforcement clause to the order, allowing law enforcement to intervene to ensure compliance.

Contact Orders

A contact order in Alberta is a legal arrangement that allows individuals who are not guardians, such as parents, grandparents, or other relatives, to maintain a relationship with a child by setting specific terms for contact. This order typically outlines:

• The frequency, duration, and conditions of visits or other forms of contact, such as phone calls or video chats.
• Ensuring that the child can maintain meaningful connections with family members beyond their guardians.

Contact orders do not grant decision-making authority over the child but rather focus on creating opportunities for regular and positive interaction. When a contact order is in place, enforcement can become necessary if the primary guardians do not adhere to the agreed terms or withhold a child from another relative without justification.

In such cases, the person with the contact order can document the denied contact instances and apply to the court for enforcement. The court may order remedies, like makeup contact time, fines, or additional clauses, to ensure compliance with the access visits.

Shared Parenting Disputes

If you’re facing shared parenting disputes, have questions about your rights, or need guidance on navigating complex family dynamics, our law firm is here to support you every step of the way. We understand how emotional and challenging parenting arrangements can be, especially when it involves enforcing or adjusting parenting time.

If things have escalated and the other parent is struggling with mental illness or substance abuse, or you can prove neglect or abuse, then new custody arrangements may be the next avenue to explore.

Our experienced team can help you work toward solutions that prioritize the well-being of your child and safeguard your parental rights. Let us provide the clarity, advocacy, and peace of mind you deserve in your parenting journey. We will set you on the right path so you have as much contact as possible with your little one. Get in touch today. Don’t navigate this emotional challenge alone—get the legal support you need to secure your role in your child’s life.