Child-Contact Problems
I had the privilege of continued learning through 311 Jarvis, Open Bar, Update on Parental Alienation, May 5, 2025. I was most impressed with a number of speakers, among them, most notably was Suzanne Zuccour, PhD. Law, and Renatta Austin, Office of the Children's Lawyer [OCL | Branch of the Attorney General] Counsel, who were strong child advocates.
Family Law:
Perspectives in Ontario family law are evolving regarding children who resist or refuse contact with a parent. Historically, courts emphasized enforcing parenting time orders, expecting custodial parents to ensure compliance. However, recent trends indicate a shift towards prioritizing the child's best interests, including their expressed views and experiences.
Between 2021 and 2023, Ontario courts addressed 172 cases involving allegations of parental alienation. Findings of alienation were made in only 36% of these cases, with many instances involving claims of both alienation and intimate partner violence (IPV). In such situations, courts often prioritized addressing IPV over enforcing contact, recognizing the complex dynamics at play.
The United Nations Convention on the Rights of the Child, to which Canada is a party, mandates that children's views be given due weight in matters affecting them. Ontario law reflects this by considering the child's age and maturity when determining the weight of their preferences in custody and access decisions. Department of Justice
In practice, Ontario courts now often seek to understand the reasons behind a child's refusal to see a parent, considering factors such as parental conflict, family violence, or the child's personal experiences.
This approach moves away from automatic enforcement towards a more nuanced understanding of each family's circumstances.
Leaders in Ontario Family Law
Several professionals have significantly influenced family law practices in Ontario:
Philip Michael Epstein: Co-founder of Epstein Cole LLP, Epstein was a prominent family law lawyer and mediator, contributing extensively to family law reform and education in Canada. Wikipedia
Justice Karen M. Weiler: Recognized for her transformative work on the Family Law Reform Act and her efforts to improve access to justice for vulnerable populations during her tenure on the Ontario Court of Appeal. Wikipedia
Justice Harvey Brownstone: Known for his public education efforts on family law issues, including his book "Tug of War," which provides insights into the challenges of family court litigation. Wikipedia
These individuals have played pivotal roles in shaping a more child-centric and nuanced approach to family law in Ontario.