What Happens If My Ex Is Not Following Our Parenting Order in Ontario

By: Amanda Willing

Summary:

A parenting order is a legally binding court order that both parents must follow. When one parent refuses to comply, it is not just a disagreement—it is a breach of a court order. In Ontario, courts take non-compliance seriously because it directly affects a child’s stability and well-being. There are clear legal tools available to enforce these orders and restore compliance.

Parenting Orders Are Not Optional

A parenting order is not a guideline or informal arrangement—it is a court order. That means both parents are legally required to follow it exactly as written.

When one parent ignores the order, whether by denying access, changing schedules, or interfering with communication, they are breaching a legal obligation. Courts in Ontario treat this seriously because parenting orders exist to protect structure and stability for children.

What Counts as a Breach?

Common examples include:

• Refusing scheduled parenting time or access

• Returning the child late or not at all

• Changing agreed-upon schedules without consent

• Blocking communication between parent and child

• Making unilateral decisions outside the order

Even “small” or repeated violations can become legally significant over time.

Step 1: Document Everything

Before taking legal action, keep clear records. Courts rely heavily on evidence.

Make note of:

• Missed or denied parenting time (dates and times)

• Texts, emails, or messages

• Attempts to resolve the issue

• Any involvement of third parties (if applicable)

  
  

Good documentation strengthens your position if enforcement becomes necessary.

Step 2: Attempt Reasonable Communication

If safe and appropriate, a calm written reminder of the parenting order may resolve misunderstandings. Some families also use mediation or family dispute resolution services.

However, if there is repeated or intentional non-compliance, informal steps may not be enough.

Legal Options for Enforcement in Ontario

If the issue continues, the court can intervene through several mechanisms.

1. Motion to Enforce

A motion can ask the court to:

• Force compliance with the parenting order

• Award make-up parenting time

• Clarify unclear terms

2. Contempt of Court

If a parent willfully disobeys the order, they may be found in contempt. Consequences can include:

• Fines

• Legal cost orders

• Make-up time

• In serious cases, jail

3. Police Assistance (If Included)

Some orders include a police enforcement clause, allowing police to assist in returning a child or enforcing access terms.

4. Variation of the Order

If the current arrangement is consistently being ignored or is unworkable, the court may adjust the order to better reflect reality—always focusing on the child’s best interests.

Best Interests of the Child Come First

Even in enforcement cases, courts prioritize the child’s well-being above all else.

They will consider:

• Emotional and physical stability

• Parental cooperation

• History of compliance

• Impact of ongoing conflict

  
  

Enforcement is not about punishment—it is about restoring stability for the child.

Key Takeaways

• Parenting orders are legally binding and must be followed

• Breaches include denied access, schedule changes, or interference

• Documentation is critical

• Courts in Ontario can enforce orders through motions, contempt, or variation

• The child’s best interests guide all decisions

• Repeated violations can have serious legal consequences

If your parenting order is not being followed, you should not ignore it or wait for the situation to escalate. Legal remedies exist to enforce compliance and protect your parenting rights.

Speaking with a family law professional can help you understand your options and take the right next step based on your circumstances.