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  • May 14, 2015, 08:10 AM
    rumman001
    Family law
    At what age can a child choose not to vist their non custodial parent in ontario
  • May 14, 2015, 01:11 PM
    cdad
    There is no exact number but for reference you can try reading this article.

    Ontario child custody
  • May 14, 2015, 01:34 PM
    ScottGem
    This is part of the conundrum of visitation. As long as a court order for visitation is in place, the custodial parent MUST make the child available for visitation. But they do not have to force the child to go with or interact with that parent.

    Scenario 1. NCP father has the right to visit in the mother's home 2 nights a week and one weekend a month. So father arrives for his visit one evening and the child runs off and closes the door to his room and refuses to come out. The mother must let the father in, but she does not have to force the child to leave the room.

    Scenario 2. NCP mother has child every other weekend from Friday night to Sunday night. Mother arrives on Friday night and Father bring child out to car. But child refuses to get in car screaming they don't want to. Father does not have to physically force the child into the car.

    In either case, the NCP's only option is to go back to court and ask the court to intervene if it will.
  • May 14, 2015, 02:19 PM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    This is part of the conundrum of visitation....

    Well-explained. But complicating said conundrum is the possibility that a child's resistance may in fact result from the custodial parent's attitude, either express, implied, or simply sensed by the child. It can get complicated.
  • May 14, 2015, 03:31 PM
    ScottGem
    Yes and that is where the court comes in. They will probably order the child to see a therapist who may be able to determine if the child is acting on their own or has been adversely influenced by the custodial parent.

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