My ex won’t let our kids visit me. What can I do?

Your children are automatically entitled to have regular visits with you provided that the visits do not harm the children, or put them at risk of harm.

Try to discuss with your ex why your visits are being refused. If you both can address any visitation concerns without the intervention of the court, it will save you time, frustration, and money.

If your discussions are not fruitful, then you may need to meet with a family lawyer. The family lawyer should be able to assess the circumstances of your case, and help you to obtain an order from the court which establishes a schedule of regular visits.

In addition, the family lawyer should be able to advise you of other orders which affect your visits that you may want to apply for in order to protect your children’s interests and your interests.

My court order gives me sole custody of my kids. Does that automatically mean I don’t need my ex’s written permission to get passports for our children, or to travel outside of Canada with them?

No. Having custody of your children, and obtaining passports and traveling outside of the country with your children are entirely different legal issues.

With the increase of custody disputes and child abduction cases, passport and border authorities are getting more stringent each day. It is possible that a particular border official may not prevent you from traveling outside of Canada with your children based on your sole custody order. However, this is not always the case.

To avoid the possibility of having your travel plans compromised, your court order should clearly address who has the authority to obtain and retain passports for your children; and, whether consent is required for travel outside of Canada with your children.

Dawn M. Bennett is a divorce lawyer who practises Ontario family law, including Collaborative Divorce, with Bennett Law Chambers in Mississauga, Ontario.

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