A recent Ontario Court of Appeal decision highlights the gravity the court attaches to cases of parental alienation syndrome in divorce and child custody cases. It is described as unprecedented as there is no other case in Canada where access to a child from the age of 10 to 18 has been terminated.
In this case the decision was in favour of the mother, who was given full custody of the youngest child in the family. The court issued a restraining order keeping the father from contacting his ex-wife or the youngest child; and awarded the mother more than $320,000. This decision was based on an overwhelming concern that child would become a victim of the Parental Alienation Syndrome.
Basically, the Parental Alienation Syndrome (PAS) is present when a child is brainwashed into thinking the other parent is the enemy through verbal and non verbal signals. This ranges from bad mouthing the other parent in front of the children, to withholding visits or telephone conversations with the other parent.
The judges found that the three oldest children of the marriage, who are now adults, were alienated from their mother by the father, who has taken aggressive steps towards this end. The panel believes that if the father had access to the youngest child, he would continue his foul practices.
Canadian law dictates that in the case of a divorce, both parents have a financial responsibility towards their children. If the mother has custody of the children as in this case, the father is required to pay child support, which is calculated according to his earnings. In this case the mother was awarded a very large sum of money ($320,000) since the father has abused the children in the family over a long period of time and has incurred vast emotional damage.
Child custody arrangements can be made by the parents or by the court of jurisdiction of the divorce.
Under the common provision, the parents have joint guardianship over the children and the parental rights are equal. Each parent has an equal right to child custody when they separate.
When determining the home in which to place the child, the court tries to reach a decision that is in the best interests of the child. This includes considering the wishes of the parents, the child, the siblings, the child’s comfort in his home, school, and community, and the mental and physical health of the involved individuals.
When a court awards exclusive child custody to one parent, the non-custodial parent maintains the right to see and visit the child. One of the most difficult things to deal with after the divorce is when one parent denies access to the other either by not making the children available when they come to pick them up or returning the children late, sometimes by an entire day.
From a legal point of view, the options for dealing with denial of access are unfortunately limited. The police will usually stay out of such disputes and tell you to contact you lawyer. It’s very frustrating to have time and plans with your children ruined without any notice. So, what can you do?
It is recommended that you send an official letter to the other parent or their lawyer. This is done so that in the future you can prove the other parent has denied you access to your children.
Another good idea is to demand make up time. This is in the best interest of the children. You can use denied access materials to build a case as to why you should have the sole child custody. One factor courts consider in awarding child custody is the willingness of each parent to facilitate access to the child by the other parent.
The last resort for dealing with denied access by bringing a motion for contempt of court. There are a lot of difficulties in proceeding this way, but if the other parent is persistent in denying access you really have no choice. It generally not worth going to court about an occasional missed access period.
