CanadaCan a parent deny the other parent access to the children?
No, a parent cannot unilaterally deny the other parent access to the children unless a court order permits it or there is an immediate risk to the child’s safety. Access rights are determined by what is in the child’s best interests under the Divorce Act.
What the Law Says
The federal Divorce Act governs parenting arrangements for married parents across Canada. It sets out how courts decide who has decision-making responsibility and parenting time — commonly called 'custody' and 'access' in older language.
Under section 16 of the Divorce Act, a court may make orders about decision-making responsibility and parenting time for children of the marriage. These orders must be based on the best interests of the child — the only legal test that matters.
There is no automatic right to access, nor can a parent refuse access without legal justification. Even if parents disagree, denying access without a court order (or urgent safety concerns) may result in contempt of court or changes to parenting arrangements.
The law does not favour one parent over another solely based on gender, income, or living arrangements — it focuses strictly on what serves the child’s well-being, stability, and relationship with both parents.
Statutory TextCourt may make orders regarding decision-making responsibility and parenting time for children of the marriage.
— Divorce Act, s. 16 — Parenting orders
What Courts Have Said
The Supreme Court of Canada has repeatedly affirmed that access is not a parental right but a child’s right to maintain meaningful relationships — and any limits must be justified by the child’s best interests.
The Court held that restrictions on a non-custodial parent’s ability to share religious beliefs during access must be narrowly tailored and proven necessary for the child’s best interests — broad bans violate both s. 16 of the Divorce Act and Charter s. 2(a).
What to Do
Do not deny access unilaterally — even if you disagree with the other parent’s behaviour or beliefs.
If you believe access poses a serious risk to your child’s safety or well-being, gather evidence and apply to court for a change in the parenting order.
Seek legal advice before withholding access — doing so without court approval may harm your case and lead to enforcement orders against you.
Follow existing court orders exactly; keep records of all access exchanges, communications, and concerns.
Consider mediation or parenting coordination to resolve disputes outside court, where appropriate.
Sources
Same Question, Other Jurisdictions
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.