Your child doesn't want to spend time with his or her mother or father and gets very upset when it's time to visit. Should you force your child to see the other parent, or respect the child's choice?
What should you do if your child doesn't want to see the other parent?
A parent with custody of a child must encourage the child to see the other parent. If the child still doesn't want to go, then it's important to keep in mind these factors:
- the child's age
- why the child doesn't want to visit the other parent
Usually, the older the child, the more the child's opinion counts. This doesn't mean that an older child will always get his way and a younger child won't. In cases like this, it is important to learn the reasons for the child's behaviour.
Respect your child's wishes.
A parent with custody who refuses to respect the visiting rights awarded in a court decision might find himself in contempt of court, and the other parent could ask for a change in custody.
Therefore, the parent with custody must have a serious reason for refusing to let the child see the other parent.
If the court allows the change, cancellation or supervision, this ensures the following:
- the parent with custody avoids being accused of not respecting a court decision
- the child is protected if his health or safety is in danger when visiting the other parent
- a situation not in the child's best interest will be solved
- the wishes of an older and more mature child will be respected
Find a solution together.
The parents should try to find a solution together so that the child feels better and eventually decides on his own to spend time with the other parent.
The child might need a professional's help to adjust to his parents' breakup. Also, the visiting rights awarded in the court decision might not be appropriate for his current situation.
The parents can agree on changes to the visiting rights to make sure the child's new needs are being met. They can put everything into an agreement and go to court to have the agreement converted into a court decision.
For more information, see our article Changes in Child Custody.
This article explains in a general way the law that applies in Quebec. This article is not a legal opinion or legal advice. To find out the specific rules for your situation, consult a lawyer or notary.