Parenting Time Denied? Enforcement in BC

Author: SiLaw Group Family Lawyers
Published: Apr 9, 2025
Reading time: 6 min read

Short answer: if the other parent is wrongfully denying your parenting time, you can apply to court for remedies including make-up parenting time, an order that both of you attend family dispute resolution or counselling, reimbursement of expenses you incurred because of the denial, and in more serious cases a fine or a payment to you. Two things matter before you file: document each missed exchange as it happens, and try a written request or mediation first, because the court will want to see that you did. Note also that unpaid child support is not a lawful reason to withhold parenting time — the two obligations are enforced separately.

Here is how to work through it.

Understand Your Parenting Order or Agreement

Before taking action, grasp the details of your parenting order or agreement. This document clearly outlines parenting time, visitation rights, schedules, and any additional details. Make sure to carefully review the language used and pinpoint any specific provisions that the other parent has overlooked. For instance, if your agreement states that the children should be with you every other weekend but that hasn't happened for three weekends in a row, that's a clear deviation. Familiarizing yourself with these terms will help you communicate any breaches effectively and take necessary actions if the issues continue.

When Denial of Parenting Time or Contact Happens

If your agreement or court order sets out a specific schedule for parenting time or contact, the other parent must follow it. If they refuse without a valid reason, a judge can intervene under sections 61 to 63 of the Family Law Act.

When is it NOT Wrongful to Deny Parenting Time?

Denying parenting time or contact is not considered wrongful if there is a reasonable risk that the child could be harmed by either Family violence or the Impairment from drugs or alcohol on the part of the parent exercising contact or parenting time. In these situations, protecting the child is paramount. However, if there is no legitimate threat of harm, the denial may be considered wrongful, and the courts can help enforce or adjust your arrangement.

Communicate Openly and Calmly

Upon identifying any deviations from the agreement, calmly approach the other parent. Open communication can often resolve misunderstandings before they escalate. Set up a time to talk in person or over the phone, ideally in a neutral setting. Express your concerns about missed commitments without sounding accusatory. Using "I" statements can be effective, such as, "I feel worried when our agreed schedule is not followed." This phrasing helps maintain a constructive tone, making it easier for the other parent to hear your concerns.

Document Everything

Keeping detailed records of any instances where the parenting time agreement is not followed is essential. Log each occurrence, including dates, times, and descriptions, alongside records of your communications. For example, if the other parent missed a scheduled pickup on March 3rd and didn't notify you until March 4th, be sure to document that. This information may prove crucial if further actions, such as mediation or court involvement, become necessary.

Offer Amended Solutions

If open communication doesn't yield positive results, consider suggesting amendments to the existing agreement.

Offering flexible solutions might encourage cooperation. For example - if work commitments are causing difficulties, propose alternative times for visitation that can suit both of you. If your original schedule included visits every Saturday but the other parent finds Saturdays challenging, suggesting a shift to Sundays may work better. Adaptability can help foster goodwill and potentially improve the co-parenting situation for everyone involved.

Seek Mediation

If direct communication fails, consider seeking mediation for a neutral resolution.

Family mediators accredited by the Law Society of British Columbia handle co-parenting disputes regularly and can facilitate a constructive conversation between you and the other parent. Family mediation can settle a parenting dispute without a court application, and it is generally faster and less expensive than litigating. It can also strengthen the co-parenting relationship, which matters when you still have years of scheduling ahead of you. If cost is the obstacle, Access Pro Bono BC runs a Virtual Family Mediation Program that lets both parties attend a virtual session with an accredited BC family mediator, provided at least one parent meets the income requirements.

Consider Legal Enforcement

In some scenarios, taking legal action to enforce the parenting order may be necessary.

Your lawyer can assist you in filing a motion with the court to address violations. Courts may remind the other parent of their obligations and can impose consequences for continued disregard of the agreement. For example, persistent noncompliance can lead the court to change the parenting arrangements themselves, where doing so is in the best interests of the children.

Possible Court Remedies

When parenting time or contact is wrongfully denied, the Supreme Court of BC pursuant to the Family Law Act and Supreme Court Family Rules, can order several remedies to address the problem and prevent it from happening again. Most of the time, extraordinary remedies such as contempt of court which means imprisonment for the denying parent or police involvement to enforce parenting time by providing a police enforcement clause are not used, because the courts recognize these measures are rarely in the child's best interest. The other remedies available to you might include:

1. Make-Up or Compensatory Parenting Time: The judge may grant extra time with the child to compensate for any missed visits.

2. Family Dispute Resolution or Counseling: Both parents could be required to attend sessions to resolve the underlying issues causing the denial.

3. Reimbursement of Expenses: If you lost wages, paid for childcare, or had other expenses due to the wrongful denial, the judge could order the other parent to pay those costs.

4. Fines or Monetary Penalties: In more serious cases, a judge may order the denying parent to pay a fine or pay money directly to the other parent.

But Remember, a parent cannot deny the other parent their parenting time or contact because of missed or late child support payments. If child support is not being paid, there are other ways to enforce payment.

Keep Your Children's Well-Being Front and Center

Throughout this process, prioritize your children's well-being. It's easy to let frustration with the other parent dominate your thoughts, but your children's emotional health is what matters most. Protect them from conflicts and strive to maintain positive interactions. Encourage them to share their feelings, ensuring they feel supported.

Foster a Positive Co-Parenting Relationship

After addressing immediate issues, think about how to nurture a healthier co-parenting relationship moving forward.

Regular check-ins to discuss schedules and involving both parents in crucial decisions about parenting can strengthen your working relationship. Promoting respect and understanding across households creates a more stable environment for the children.

Utilize Available Resources

Many resources can help co-parents facing parenting order violations.

Books, online forums, and family support groups provide valuable advice and shared experiences that can assist you. For instance, a book like Co-Parenting with a Toxic Ex can offer strategies to navigate difficult relationships. Utilizing these resources can help ease the emotional weight of co-parenting challenges.

Co-parenting after a separation poses various challenges, especially when one parent doesn't follow the parenting order. By approaching the situation with understanding, maintaining open communication, and staying focused on the children's welfare, you can navigate these difficulties more effectively. Documenting incidents, engaging in constructive dialogue, and seeking support when needed can lead to better outcomes. With commitment and a proactive approach, you can work towards creating a healthier co-parenting relationship that ultimately benefits your children.

Contact a Lawyer

If non-compliance remains a pattern despite your best efforts, consulting with a skilled BC family lawyer may be necessary.

The lawyers at SiLaw Group Family Lawyers and Mediators can evaluate your unique situation and offer personalized advice on potential next steps. They can clarify your rights and options under your specific parenting order. We can provide guidance on your options and how to proceed with enforcing, modifying, or otherwise addressing parenting arrangements in the best interest of your child. Book a free 30-minute consultation with a Surrey family lawyer — by phone, by video, or in person at our Surrey office, with no obligation to retain us.

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Tags: Mediation, Enforcement of Order, Agreements, Parenting Time, Denial of Parenting Time, BC Supreme Court Family Rules, Wrongful Denial of Parenting Time, Failure to comply with Court Orders, Penalties, Fines, Best Interests of the Child

Categories: Mediation, Court Orders, Enforcement of Orders