Can I be held in contempt if the kids are refusing to go for access? Can they be physically forced to go?

If there was ever a time when you need a lawyer, it is when facing a contempt motion. The judge can throw you in jail, for a significant period of time, impose large fines, or order other serious consequences. You need a good lawyer to advise and represent you to make sure the right facts are before the court. The court order for access requires you to do everything in your power to support the children having a relationship with their father. That entails telling them that they have to go. If that does not work, then you should have arranged for counseling or programs to assist them with their feelings toward their father.

The judge will also want evidence that you are not subtly suggesting to the children that it is not okay for them to go with their father. Once your ex has established that the access did not happen, it is up to you to show that it was not possible for it to happen. Judges do not think that children aged 9 and 11 should have the final say on these types of issues. They may have input, but if there are problems, then someone has to arrange a way for the children to express their feelings, while at the same time figuring out how to make the access work.

John Schuman Guide to the Basics of Ontario Family Law book cover

You can get a lot more information about Ontario Family Law issues, including a comprehensive explanation of parenting cases (parenting time and decision making), child support, spousal support, property division, and most other common family law issues by downloading this $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone or ordering it from Amazon as a paperback. But to understand how the law works precisely in your situation, it is always best to speak to a good Family Law Lawyer.

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