Enforcing Parenting Orders in Alberta: Options if Your Ex Refuses Access | Kolinsky Law

Is your ex refusing court-ordered parenting time in Alberta? Enforcing Parenting Orders in Alberta is critical for your child's stability. Options range from formal communication to filing a court application for compensatory time or contempt orders. Evidence is key. Edmonton's Best Family Lawyer, David Kolinsky at Kolinsky Law, provides expert guidance to navigate enforcement and protect your child's best interests. Don’t face defiance alone; secure your parental rights.

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1. Enforcing Parenting Orders
in Alberta
Options if Your Ex Refuses Access
Parenting orders are binding court decisions that outline when and
how each parent spends time with their child. When an ex-partner
refuses to follow the order and denies you parenting time,
understanding enforcement becomes critical.
Such actions create stress, disrupt the child's sense of security, and
weaken respect for the court's authority. By understanding the legal
tools available, you can respond quickly and protect your child's best
interests.

2. Why Enforcement Matters
Legal Compliance
Parenting orders provide
structure, stability, and fairness
for both parents and children.
Child's Well-being
Disruptions to parenting time can
affect a child's sense of security
and routine.
Parental Rights
You have a legal right to the time
allocated in your court order.
Is your ex denying your court-ordered parenting time? Seeking legal advice promptly can help protect these important
interests.

3. Start with Communication
Before taking formal steps, the court expects you to make reasonable
efforts to resolve the issue directly:
•Misunderstandings, schedule changes, or emergencies can
sometimes explain missed visits
•Keep your communication respectful and well-documented
•Written records, such as emails or text messages, can later be used
as evidence
•These records help show whether the refusal was intentional or part
of a pattern

4. Filing a Complaint in Court
If informal communication fails, you can apply to the Alberta Court of Justice or Court of King's Bench to enforce the
parenting order.
Prepare Documentation
Gather evidence of denied access
and the existing parenting order.
File Necessary Forms
Submit the appropriate application
under Alberta's Family Law Actor
the federal Divorce Act.
Present Your Case
Demonstrate that your ex is
refusing access without valid
reason.
At this stage, having an experienced Divorce Attorney is crucial to ensure your case is presented clearly and persuasively.

5. Possible Court Remedies
The court has several options if it finds your ex is deliberately denying parenting time:
Compensatory Time
Make-up time for missed visits with your child
Contempt Orders
Fines or other penalties for the non-compliant parent
Counselling/Mediation
Required sessions to improve parental cooperation
Police Enforcement
Authorisation for police assistance when necessary
In extreme cases of repeated refusal, the court may change decision-making responsibilities or
custody arrangements.

6. The Role of Evidence
When seeking enforcement, evidence is critical:
•Keep detailed records of every missed visit
•Document dates, times, and any messages exchanged
•Save all communication about access denials
•Note any reasons given for refusing access
Courts will examine whether there was a valid reason for denial, such as illness or
safety concerns, or whether your ex acted unreasonably.
The stronger your evidence, the easier it is to demonstrate repeated violations of

7. What Not To Do
Avoid These Common Mistakes
Even when frustrated, certain responses can harm your case and potentially result in penalties.
Don't Withhold Support
Payments
Parenting orders and child
support are treated as separate
matters under the law.
Don't Refuse to Return
the Child
This creates a new violation
rather than resolving the
existing one.
Don't Take Matters Into
Your Own Hands
Self-help remedies risk
harming your credibility and
facing possible penalties.
The safest and most effective approach is to address enforcement through proper legal processes.

8. Alternative Dispute Resolution
Sometimes, instead of going straight to court, alternative methods can resolve disputes more quickly and with less conflict:
Mediation
A neutral third party helps parents reach agreement on
compliance issues.
Parenting Coordination
A specialist helps implement the parenting plan and resolve
ongoing disputes.
Courts may encourage or even order alternative dispute resolution if they believe it serves the child's best interests.

9. Why Legal Guidance Is Important
Enforcing a parenting order can be stressful, especially if your ex is
openly defiant. Professional legal support provides:
•Navigation through complex court processes
•Strategic advice on building a strong application
•Clear presentation of evidence
•Focus on your child's best interests
•Representation in negotiations or formal court actions
Whether through negotiation or formal court action, legal guidance
helps secure the parenting time you are entitled to.

10. About David Kolinsky
David Kolinskyis the founding lawyer at Kolinsky Lawand is highly
regarded as one of Edmonton's Leading Family Lawpractitioners.
With a focused practice on complex divorce and separation matters,
including high-conflict enforcement cases, David provides strategic
and compassionate legal guidance.
He is dedicated to protecting his clients' parental rights and achieving
outcomes that prioritise the stability and best interests of the children
involved.
Contact: [phone] | Email: [email protected]
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parenting-orders-in-alberta-options-if-your-ex-refuses-access/