To Win a Parenting/Child Custody Case You Must Support the Other Parent

Judges must use the legal best interest of the child test, when making parenting (child custody) decisions after separation. The best interests of the child test specifically requires the judge to consider each parent’s ability to support the child’s relationship with the other parent. The same law also requires that the judge consider the ability of each parent to cooperate with the other parent. Essentially, that gives the behaviour of each parent to support the other parent double the importance of the other factors. By contrast, what a child wants is only one factor. Judges are quick to dismiss what a child wants if that child has been influenced by one parent.

Family Court Judges are under a lot of pressure to stop parental alienation. They also feel pressure to do whatever is necessary to achieve that goal. Judges can be so concerned about alienation that they ordering some controversial treatment programs. According to some social science research, being branded a “parental alienator” is worse than committing domestic violence and is the same as being labelled a child abuser.

Blocking the Kids From A Parent is a Bad Idea

There are very few circumstances where a parent is legal justified in preventing the other parent from having a relationship with the kids. Parents must allow the kids to spend regular time with the other parent. The video below explains when a parent can legally prevent the kids from seeing the other parent. It also shows the potentially disastrous consequences for getting that wrong. Those consequences can include a court order that prevents the parent who did not support the children’s relationship with the other parent, from ever seeing the kids again.

This article specifically addressed the parenting laws in Ontario and Canada. The specific laws in relation to parenting arrangements for children may be different in other jurisdictions. However, the approaches of family judges in most Western legal systems is very similar to the approaches of judges as described above.

Get Help With Your Parenting Case

Making parenting decisions after separation, especially in high conflict separations, can be extremely difficult.  Doing the wrong thing can have horrendous consequences.  Before you make any big decisions after separation, read a copy of this $9.99 eBook on Ontario Family Law (paperback also available). 

To get the best advice, specific to your situation, you should speak to a family lawyer. Certified Specialist in Family Law, John Schuman, is known for his concern for children in separation and divorce and has won many parenting cases. To contact John call 647-342-6774, email him, or fill out the form below. You can use the same form to comment on this page.