Legal Question in Family Law in Canada

Re: Visitation

In British Columbia you have a positive duty to try and facilitate access; the question is not so much does your son have a right to say no but whether you, as the custodial parent, have done the utmost to ensure that access takes place. It is not the child's place to make such decisions, and it is unfair to the child to place him in a position where he must choose. You must ensure that your son understands that the dispute is between the parents and is not the fault of the child, and you should not allow the child to take sides. You must insist that access occurs and both you and the child's father must not discuss your matrimonial difficulties with the child. Both you and the father should take a course of counselling on parenting after separation and it is a good idea to have your son take a course for children; in British Columbia a common course is "Caught In The Middle" and is offered in many communities. You find such courses by looking in the phone book under counselling or divorce or call the local child welfare office and ask where and when the courses are given.