WEBVTT

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Your ex will not let you see

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your child, and there is no

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court order.

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Get family law advice promptly

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and keep a factual record.

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If it is safe, propose a clear

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temporary arrangement.

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If agreement is unsuitable or

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fails, you can seek a parenting

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order, including interim

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relief.

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The correct route depends on

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your legal status, province and

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circumstances.

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Replace a vague request to see

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the child with a workable plan,

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days, times, a safe handover

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place, transport, and any

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suitable calls.

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Explain how it fits school,

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sleep and the child's usual

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care.

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Ask what concern is preventing

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the arrangement.

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Use a lawyer or another

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permitted channel if direct

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communication is unsafe or

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prohibited.

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Do not assume that.

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In Ontario, parents generally

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start with equal

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decision-making entitlement.

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But if a child lives with one

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separated parent with the

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other's consent or

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acquiescence, the other's

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exercise of decision-making can

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be suspended until an agreement

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or order changes it.

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That rule does not itself

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suspend parenting time

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entitlement.

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The actual history and any

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agreement matter.

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In British Columbia and

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Alberta, check whether you are

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a legal guardian.

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Being a parent does not always

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settle that question.

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A non-guardian may need a

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guardianship or contact

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application.

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In Quebec, separation alone

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does not remove parental

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authority.

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None of these rules creates an

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automatic 50-50 schedule.

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Get advice on the law that

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applies to your family.

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The Divorce Act generally

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covers parenting arrangements

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in divorce proceedings.

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Provincial law also applies to

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unmarried parents and can apply

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to married parents separating

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without a divorce.

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Tell your lawyer where the

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child normally lives and about

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proceedings elsewhere.

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Show any written agreement,

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some agreements can already be

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enforced through court, even

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without a separate parenting

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order.

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Family dispute resolution can

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help where it is appropriate.

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A mediator helps you negotiate,

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they do not impose a parenting

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judgment.

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Disclose violence, coercion,

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and power imbalances before

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agreeing to a process.

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Direct meetings may be unsafe.

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Ask about local court

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requirements and exemptions.

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Do not let unsuccessful

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negotiations delay urgent legal

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advice about a child's safety

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or removal.

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Ask about an interim parenting

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order setting a clear schedule

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while the case is being

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decided.

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Include practical exchange

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arrangements, calls and

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important decisions.

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If justified, request

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safeguards such as supervised

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time, supervised exchanges or

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limits on taking the child

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away.

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Explain the facts supporting

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each request.

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Urgency and without notice

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applications have specific

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rules, a rapid order is not

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guaranteed.

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The child's best interests,

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including safety, stability,

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relationships, and actual

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caregiving.

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The reasons for denied time

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matter, a safety concern must

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be assessed, not dismissed as

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obstruction.

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There is no automatic equal

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time outcome or parenting

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reward for winning the

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argument.

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The child's views may matter

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according to age and maturity.

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Do not pressure the child to

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choose sides.

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Do not force a handover or

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assume you can take or hide the

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child because there is no

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order.

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Criminal abduction law can

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apply without one, protective

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circumstances also matter.

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If there is immediate danger,

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contact emergency services.

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If a child is missing or

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removal is threatened, get

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urgent police or family law

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help as appropriate.

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Keep dates, original messages

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and records of the child's

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routine for your lawyer.

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For free general legal

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information, Legal Hotline's

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Canada number is on your screen

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now.

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Legal Hotline is not a law

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firm.

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Its information line uses AI.

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Lawyer matching is a separate

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service, subject to

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availability and acceptance.

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For advice on your own

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situation, speak with a lawyer

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in your province.

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In immediate danger, contact

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emergency services.