“So you say your child does not want to go to access… it must be the parent’s fault”

What do you do when your child refuses to go to access with the accessing parent?

Judges have historically taken the position that parents are not to take a passive stand on whether a child goes to access, and some cases have even suggested that as parents it is their obligation to ensure their child attends access visits, just as they would ensure their child attends school or the doctor or the dentist.

However, what should also be considered is, “ what if the child refused to go to school or the dentist because the child was suffering harm there?”

In such a case, the parent would most likely switch schools or dentists. I find it hard to imagine it would be in the best interest of a child to keep sending them to a school or a dentist that was causing them harm.

It is food for thought and provides interesting challenges for courts to consider when dealing with children and their access visits.

Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-270-0073 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.

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