Are you in the process of getting a divorce from your spouse? Do you have children? Do you suspect your ex-spouse to be dangerous to your child? If you have answered yes to any of these questions, this blog post is for you. Divorces between couples who don’t have a child yet are easier to resolve. However, when children are involved in the process, the court considers the child’s best interests. One of the common questions that people ask their divorce lawyer Barrie is, “Can I deny access to my children to my ex-spouse?”
The simple answer is a big NO! You can’t deny access to your ex-spouse based on suspicion or hunch. You must have concrete evidence proving that your ex-spouse is dangerous to your child. Your fear of your ex-spouse harming your child is not enough argument for the court to deny access. What you may believe to be dangerous to your child might not be a good enough reason for the court to accept it. Here are a few examples where a spouse believed something unpleasant for the child, but the court didn’t find it a good enough reason to deny access.
Example#1: Your children are sick.
Are your children hospitalized due to their sickness? If not, this is not a good enough reason to avoid contact with the other parent. If you can transport your sick children in a car to the other parent’s house for care, you must do that instead of denying access.
Example#2: You don’t like the new partner of your ex-spouse.
A professional Barrie divorce lawyer will tell you that it is not a good enough reason for the court to deny access to your ex-spouse. When your child is with your ex-spouse, they are responsible for deciding your child’s best interests. It also includes the kind of people children can interact with.
Example#3: If you aren’t given paid support.
The court considers child support and access independent issues. Hence, if you aren’t given paid child support, it doesn’t mean you can deny access. There are different ways to get child support from your ex-spouse. Making your children pawns in the process is not one of them.
Conclusion
The court understands that you want the best for your children. However, this intention is not enough reason to deny access to your ex-spouse. But if you have solid evidence to prove your children aren’t safe with your ex-spouse, you can ask your lawyer to make a case.
At Owen & Associates Law, we have a team of divorce and family lawyers in Barrie Ontario that can help you navigate this issue effectively. We can help you get the best possible results that are in the child’s best interests. Call us now to learn more.