The Family Law Act, s.61 provides for punishment for wrongful denial of parenting time.  Section 62 lists situations where denial is deemed not “wrongful”.  One is where the child is so sick that a doctor or nurse has written a report that it would be inappropriate for the child to go to the other parent.

Clearly, the intention is serious illness.  When children have the sniffles or other minor ailments, it is good for them to learn that both parents can look after them.  Preventing the other parent from giving this care is bad for the child.

Diaper rash and the sniffles don’t justify cutting off the other parent.  A nice example of this was the recent case of Dosanjh v. Sandhu https://canlii.ca/t/k4f0j.  Mr. Justice Michael Thomas (we’ve written about him before: https://www.clearlaw.ca/blog/parental-alienation?rq=justice) had no patience for Mom denying Dad’s time with their child.  Mom claimed that the baby had diaper rash and the flu.  She somehow convinced her doctor to write a vague note – without examining the baby – which suggested the baby should stay with Mom.  She then filed the note at court – even though the doctor had specifically said it was not to be used for court purposes.

Justice Thomas wasn’t having it.  He said: “the reports obtained by [Mom] are neither neutral, nor objective” … “she has taken matters into her own hands” … “this is an attempt by an unsuccessful litigant to avoid complying with a court order”.

Justice Thomas found Mom’s denial of Dad’s parenting time was wrongful.  He ordered Mom to pay Dad a total of $4,700 and banned her from making any further court applications until she had paid in full. 

We think this was a moderate penalty.  Mom should be grateful it wasn’t worse.  Let’s hope she learned her lesson.  Next time those penalties will be worse.  The Family Law Act permits the Court to jail people who violate orders.  Mmmm, prison food…

What Justice Thomas did not say, but is beyond question, is that every future court appearance by Mom will be looked at by the Court in light of this one: she will not be trusted.

At Clear Legal, we have been making chicken soup for your legal ailments since 1990.