If your ex-partner is denying you parenting time in New Brunswick, you should document every missed visit and try to resolve the issue through negotiation or mediation. If they still refuse to follow your court order or agreement, you can file an enforcement motion at the Court of King’s Bench to hold them accountable.
Navigating life after a separation is challenging, especially when children are involved. Under modern Canadian family law, terms like “custody” and “access” have been replaced by decision-making responsibility and parenting time. When a former partner starts withholding parenting time without a valid, legally recognized reason, it can cause immense emotional distress for both you and your child. 💔
In New Brunswick, courts expect both parents to strictly adhere to signed separation agreements or formal court orders. Whether you live in Fredericton, Moncton, or Saint John, the local family justice system provides specific steps you can take to enforce your rights. It is important to handle the situation calmly and legally, rather than taking matters into your own hands.
Step-by-Step Process in New Brunswick
Dealing with a parent who refuses to respect a parenting schedule requires a strategic and documented approach. Generally, the Court of King’s Bench handles these disputes in New Brunswick. 📍
Step 1: Document Every Missed Visit
Before taking any legal action, you must build a clear record of the problem. Keep a detailed journal or use a co-parenting app to track every time you are denied your scheduled parenting time. Save text messages, emails, and voicemails where your ex-partner refuses the visit or provides an excuse. Judges need to see a consistent pattern of denial, rather than a single isolated incident.
Step 2: Attempt a Peaceful Resolution
Courts in New Brunswick strongly prefer that parents try to resolve disputes outside of a courtroom. 🖥 You may want to have your family lawyer send a formal warning letter reminding the other parent of their legal obligations. Alternatively, you could suggest attending family mediation to uncover why the time is being denied and work out a practical solution without litigation.
Step 3: File an Enforcement Motion at Court
If communication and mediation fail, you may need to escalate the matter. You can file a formal motion at your local Court of King’s Bench to enforce the parenting order. A judge has the authority to order compensatory (make-up) time for the visits you missed. In severe cases, the judge might hold the uncooperative parent in contempt of court, which can result in financial penalties or an order to pay your legal fees.
How Much Does it Cost in New Brunswick?
The cost of enforcing your parenting time depends heavily on how resistant the other parent is and whether you need to go to court. 💰
- Lawyer Warning Letter: Having a local law firm review your file and send a formal letter typically costs between $300 and $600 CAD.
- Court Filing Fees: Filing a standard Notice of Motion at the Court of King’s Bench generally costs around $75 CAD.
- Legal Representation: If you hire a lawyer to prepare your affidavits and argue the motion in court, fees can range from $2,500 to $5,000 CAD, depending on the complexity of the case.
How Long Does the Process Take?
Resolving a dispute over parenting time requires patience, as court calendars in New Brunswick are often busy. ⌚
| Action Phase | Estimated Timeline |
|---|---|
| Sending a Lawyer’s Letter | 1 to 2 weeks |
| Attending Family Mediation | 3 to 6 weeks to schedule and complete |
| Getting a Court Hearing Date | 2 to 4 months after filing a motion |
Frequently Asked Questions (FAQ)
Can I stop paying child support if I am denied parenting time?
No. Under Canadian law, child support and parenting time are two completely separate issues. Withholding your child support payments because you cannot see your child is illegal and could result in your wages being garnished by the Family Support Orders Service (FSOS).
Will the police help me enforce my parenting order?
Generally, police in New Brunswick view parenting disputes as civil matters and will not intervene unless the child is in immediate physical danger. Unless your court order contains a specific police enforcement clause, you will need to go through the family court system.
What if the child refuses to go with me?
If an older teenager refuses a visit, courts generally expect the primary parent to encourage the visit, but they will rarely force an older teen physically. However, if the other parent is actively manipulating the child against you (parental alienation), a judge may order family therapy or a change in the parenting schedule.
What if I suspect my child is in danger?
If you have genuine, evidence-based concerns that your child is facing abuse or immediate harm with the other parent, you should contact local child protection services (Social Development in New Brunswick) or the police immediately. You can also file an emergency, ex parte motion in court to suspend the other parent’s time.
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