What can I do if my partner won’t let me see my child?
Question & AnswerWhat can I do if my partner won’t let me see my child?
3. Go to court to enforce your order
Your partner might continue to refuse to let you have or visits with your child even if you've tried talking to them about it. You might have even tried or a family dispute resolution process, if it's suitable for you.
You can go to court to change your agreement or . See the next step for more information on that process.
Or, if you have a court order and want to enforce your parenting time, you can go to court and ask for a contempt order by bringing a motion with and extra time for your partner to respond.
A contempt order means asking the judge to decide that your partner knew about the order and did not follow it on purpose. This is not used often because these orders are hard to get. If your partner is found in contempt for not following the order, they can be fined or jailed.
Going to court can be a complicated process and it can take a lot of time. It can be stressful and expensive, but it is sometimes necessary to decide your issues. This family law court process flowchart explains each step in a family law court case.
You need to fill out:
- Form 31: Notice of Contempt, where you list the orders you want the court to make in the section that says “Briefly state the details of contempt”.
- Form 14A: Affidavit, where you explain why you're asking for the order and give your evidence.
- Form 13: Financial Statement, if you're also dealing with support. You have to give information about your finances such as your income, living expenses, and and .
- Form 13A: Certificate of Financial Disclosure, if you're also dealing with support. You list all the documents that prove what you said in your .
You need to call the court or go to the courthouse to ask the for a date when the judge will hear your . You write this date on your Form 31: Notice of Contempt.
You have to give your partner a copy of your documents by special service. This means you can't give your partner your documents directly. There is a guide on how to serve documents. You can ask a family member or friend who is at least 18 years old or a professional process sever to do it for you.
Your partner will have the chance to respond.