Oct 22, 2015

Court of Appeal lowers boom on gatekeeper parents

An Ontario Court of Appeal (OCA) ruling stating parents have a duty to ensure their children visit with their non-custodial parent is a positive approach that highlights the fact that the decision to comply with - or disregard-an access order cannot be made by a child, says Toronto family lawyer Audrey Shecter.

Godard v. Godard, 2015 ONCA 568 (CanLII) dealt with an appeal from a mother who argued that a motion judge erred in finding her in contempt for refusing to comply with an access order. The mother felt that since the couple's 13-year-old daughter did not want to go to her father's home, she should not be forced to do so.

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