1. Start With the Actual Parenting Order

2. What Does Not Following a Parenting Order Look Like?

3. What If My Child Says They Do Not Want to Go?

4. Should I Document Missed Parenting Time?

5. Should I Keep Sending Messages to My Ex?

6. Can I Just Stop Following the Order Too?

7. Can the Court Enforce a Parenting Order?

8. Can I Ask for Make-Up Parenting Time?

9. Should I Call the Police?

10. Can a Parent Be Found in Contempt of Court?

11. What If the Parenting Order Is No Longer Working?

12. What If the Parenting Order Is Too Vague?

13. What If There Are Safety Concerns?

14. How Do I Bring the Problem Back to Court?

15. What Evidence Should I Bring to My Lawyer?

16. How Bridgestone Law Can Help

Introduction

You have a parenting order that says when your children are supposed to be with you. You arrive for the exchange, but the other parent refuses to send them.

Or perhaps the problem is less obvious. Exchanges are regularly delayed. Weekends are cancelled at the last minute. Holidays set out in the order are ignored. The other parent repeatedly schedules activities during your parenting time or creates new conditions that do not appear anywhere in the court order.

When this happens repeatedly, it can be frustrating for a parent and disruptive for a child.

A parenting order is a court order. Both parents are expected to comply with its terms unless the order is changed, suspended or replaced by another court order.

That does not necessarily mean that every late exchange or misunderstanding requires an immediate return to court. Parenting orders sometimes require interpretation, unexpected circumstances occur, and parents may occasionally be able to resolve a problem through communication.

Repeated or deliberate non-compliance is different.

If one parent continually refuses to follow an existing parenting order, it may become necessary to document what is happening, obtain legal advice and, where appropriate, ask the Court to intervene.

Start With the Actual Parenting Order

Before deciding that the other parent is violating the order, carefully review exactly what the order says.

This can sound obvious, but parenting orders vary considerably.

An order might specify:

• the regular parenting schedule;

• weekend and weekday parenting time;

• holiday schedules;

• summer parenting arrangements;

• exchange times and locations;

• transportation responsibilities;

• telephone or video communication;

• notice requirements;

• decision-making responsibilities;

• travel provisions; or

• conditions that apply to a parent's parenting time.

The wording matters.

For example, an order stating that a parent “may have parenting time as agreed between the parties” is very different from an order stating that the parent “shall have parenting time every second weekend from Friday at 5:00 p.m. until Sunday at 6:00 p.m.”

Before considering enforcement, your lawyer will usually want to review the complete order and understand precisely what obligation the other parent is alleged to have breached.

What Does Not Following a Parenting Order Look Like?

Non-compliance can take many forms.

One of the most obvious examples is refusing to make a child available for court-ordered parenting time.

However, problems can also include repeatedly returning a child significantly late, refusing scheduled holiday time, failing to follow exchange arrangements, interfering with communication specifically required by an order, or imposing conditions on parenting time that the Court did not order.

Consider a parenting order that provides that the children will spend alternating weekends with their father.

For several months, the mother repeatedly cancels his weekends. One weekend there is a birthday party. The next time the children have plans with friends. Another weekend she says they simply do not want to go.

The father may eventually have missed a substantial amount of the parenting time provided by the order.

At that point, the issue may no longer be an occasional scheduling disagreement. There may be a pattern of non-compliance that needs to be addressed.

What If My Child Says They Do Not Want to Go?

This can be one of the most difficult situations for parents.

A child expressing reluctance about parenting time does not automatically cancel an existing parenting order. At the same time, a child's circumstances, age, maturity and reasons for resisting parenting time may be important.

The appropriate response depends heavily on the circumstances.

There is a significant difference between a young child who would rather stay home for a sleepover and a teenager expressing serious concerns about a parent's home. Allegations involving family violence, abuse or genuine safety concerns require particularly careful attention.

Under the federal Divorce Act, when a Court makes a parenting decision it considers only the child's best interests and must give primary consideration to the child's physical, emotional and psychological safety, security and well-being. The child's views and preferences may also be considered, with appropriate weight given to the child's age and maturity.

A parent should therefore be cautious about treating “the child doesn't want to go” as either an automatic excuse for ignoring an order or an issue that can simply be dismissed.

If a child is persistently resisting court-ordered parenting time, it may be important to determine why.

Should I Document Missed Parenting Time?

Yes.

If non-compliance is becoming a pattern, keeping an accurate record can be extremely useful.

Record the date and time of the incident, what the parenting order required, what actually occurred and any explanation provided by the other parent.

Keep relevant text messages, emails or other written communications.

For example:

Friday, September 11: Parenting time was scheduled to begin at 5:00 p.m. Father attended the agreed exchange location. Mother advised by text at 4:42 p.m. that the children would not be attending because they had plans with friends. No alternative parenting time was offered.

A factual record like this is generally more useful than an entry stating:

“She is always keeping my kids from me.”

The first records what happened. The second is a conclusion.

If the matter eventually returns to court, clear and organized evidence can help establish whether the problem was an isolated incident or part of an ongoing pattern.

Should I Keep Sending Messages to My Ex?

Communication can be useful, but repeated angry messages usually are not.

If parenting time is denied, a short written communication may confirm what occurred and ask how the missed time will be addressed.

Keep the communication focused on the child and the parenting order.

Avoid threats, insults or lengthy arguments by text message.

Remember that written communications between parents can later become evidence in a family law proceeding.

In many cases, a calm message confirming that you attended for the exchange, that parenting time did not occur and that you would like to arrange replacement time creates a much clearer record than an extended argument.

Can I Just Stop Following the Order Too?

Generally, retaliating by breaching another part of the parenting arrangement is unlikely to improve the situation.

For example, if the other parent interferes with one weekend of parenting time, withholding the child during that parent's next scheduled weekend can escalate the conflict and create allegations of non-compliance against both parents.

Similarly, parenting disputes and child support should not ordinarily be treated as interchangeable obligations. A dispute about support does not simply erase a parenting order, and a parenting disagreement does not eliminate a support obligation.

Where an existing parenting order is no longer workable, the appropriate solution may be to seek a change to the order rather than simply stop following it.

Can the Court Enforce a Parenting Order?

Where a parenting order is not being followed and the parents cannot resolve the problem, court intervention may be available.

The appropriate application and remedy depend on the circumstances, the legislation governing the parenting arrangement, the wording of the existing order and the nature of the alleged non-compliance.

The Court will remain focused on the child's best interests rather than simply treating parenting enforcement as a dispute about which parent should be punished.

Under the Divorce Act, the best-interests analysis includes the child's need for stability, the nature and strength of the child's relationships, each parent's willingness to support the child's relationship with the other parent, the history of the child's care, the parties' ability and willingness to communicate and cooperate, and any family violence, among other relevant considerations.

The Court can also make parenting orders containing terms, conditions and restrictions that it considers appropriate.

The remedy sought should therefore address the actual problem.

If exchanges repeatedly fail because the order is vague, clarification may be required. If one parent is repeatedly denying parenting time, a more specific parenting arrangement or other court intervention may be appropriate. If circumstances have materially changed and the existing arrangement no longer serves the child, an application to vary the parenting order may need to be considered.

The objective is to create an arrangement that protects the child's best interests and can actually be followed.

Can I Ask for Make-Up Parenting Time?

In some situations, replacement or make-up parenting time may be a practical way to address parenting time that has been improperly denied.

For example, if a parent has missed several weekends because the other parent refused to follow the parenting order, the parents may be able to agree that additional weekends or vacation days will be provided.

Where agreement is not possible, legal advice can help determine whether it is appropriate to ask the Court for relief.

The goal should remain focused on the child rather than using additional parenting time as a punishment against the other parent.

Should I Call the Police?

Parents sometimes assume that the police will automatically enforce a parenting order when the other parent refuses to comply.

That should not be assumed.

Whether police involvement is appropriate will depend on the circumstances and the wording of the order. A parenting order does not necessarily contain a direction authorizing or requiring police enforcement.

If there is an immediate concern about a child's safety, the situation is different and emergency assistance may be appropriate.

For ordinary disputes about missed parenting time or exchanges, obtaining legal advice before attempting to involve police can help determine the appropriate response.

Can a Parent Be Found in Contempt of Court?

Because a parenting order is a court order, serious or deliberate non-compliance can potentially have significant legal consequences.

One possible remedy in appropriate circumstances is an application alleging contempt of court.

However, contempt is a serious remedy with specific legal and evidentiary requirements. It should not be treated as the automatic response every time a parenting exchange goes wrong.

The circumstances surrounding the alleged breach matter. So does the precise wording of the order.

Before pursuing contempt, a family lawyer can assess the history of non-compliance, the evidence available, whether the existing order is sufficiently clear and whether another remedy may better address the problem.

What If the Parenting Order Is No Longer Working?

Sometimes the real problem is not simply enforcement.

The parenting arrangement itself may no longer reflect the child's circumstances.

Children grow older. School schedules change. Parents relocate. Work schedules change. New safety concerns can arise. A parenting arrangement that worked several years ago may become increasingly difficult to follow.

Under the federal Divorce Act, a court may vary, rescind or suspend a parenting order where the statutory requirements for a variation are met.

This distinction is important.

If the existing order remains appropriate but one parent simply refuses to follow it, enforcement may be the primary concern.

If circumstances have changed and the existing order is no longer appropriate, the better solution may be to ask the Court to change the parenting arrangement.

A family lawyer can help determine which approach fits the circumstances.

What If the Parenting Order Is Too Vague?

Some parenting disputes develop because the original order leaves too much room for disagreement.

For example, an order might simply state that a parent will have “reasonable parenting time as agreed between the parties.”

That arrangement may work while the parents are cooperating.

If their relationship deteriorates, however, they may disagree about what “reasonable” means or when parenting time should occur.

A more detailed parenting order can reduce opportunities for future disagreement by addressing matters such as:

• specific exchange days and times;

• holiday schedules;

• summer vacation;

• transportation responsibilities;

• exchange locations;

• telephone or video contact;

• notice requirements; and

• other recurring parenting issues.

Under the Divorce Act, parenting time may be allocated by a schedule, and a parenting order may contain terms, conditions and restrictions the Court considers appropriate.

Sometimes the most effective long-term solution is therefore not simply enforcing an unclear arrangement but obtaining a clearer one.

What If There Are Safety Concerns?

Safety concerns should be treated differently from ordinary scheduling disagreements.

If a parent believes that complying with an order would expose a child to an immediate risk of harm, obtaining legal advice promptly may be important.

The Divorce Act requires parenting decisions to be based only on the child's best interests, with primary consideration given to the child's physical, emotional and psychological safety, security and well-being. A person exercising parenting time or decision-making responsibility must also exercise it consistently with the child's best interests.

Family violence is specifically relevant to the best-interests analysis.

A genuine safety concern does not mean a parent should simply ignore an existing order indefinitely. Depending on the circumstances, an urgent court application or an application to change the parenting arrangement may be required.

How Do I Bring the Problem Back to Court?

The procedure depends on the circumstances of the case.

Since January 2, 2026, family and divorce proceedings in the Court of King's Bench of Alberta have operated under the Family Focused Protocol.

The Protocol establishes Regular Family, Desk and Urgent processes. In the Regular Family Process, matters generally move through Mandatory Intake Triage and other resolution-focused steps before unresolved issues proceed toward final determination.

If your family already has an assigned Case Conference Justice, the procedural route may also depend on previous directions made in your case.

Where immediate judicial intervention is genuinely required, the Court maintains an Urgent Process. The Court has specifically instructed that urgent application materials should clearly identify the order being requested and explain why the issue cannot wait for the ordinary process.

Not every missed parenting exchange will qualify as urgent.

Your lawyer can review the existing order, the history of non-compliance and the circumstances of the child to determine the appropriate process and relief to request.

What Evidence Should I Bring to My Lawyer?

If your former spouse or partner repeatedly refuses to follow a parenting order, bring your lawyer an organized record of what has occurred.

Useful information may include:

• the current parenting order and any previous parenting orders;

• a chronology of missed or disrupted parenting time;

• relevant text messages and emails;

• records showing that you attended scheduled exchanges;

• communications offering reasonable solutions or make-up time;

• information concerning the child's schedule;

• previous agreements between the parents; and

• documents relating to any safety concerns being raised.

Try to separate facts from conclusions.

Instead of saying, “My ex never lets me see my children,” identify the specific dates on which parenting time was scheduled and what happened on each occasion.

That allows your lawyer to understand the pattern and determine what evidence may be relevant if court intervention becomes necessary.

How Bridgestone Law Can Help

When a parenting order is repeatedly ignored, it can be difficult to know whether to continue trying to resolve the problem directly or return to court.

At Bridgestone Law, we can review the existing parenting order, assess the history of non-compliance and help determine the most appropriate next step.

Depending on the circumstances, this may include communicating with the other parent or their lawyer, negotiating make-up parenting time, clarifying an ambiguous parenting arrangement, seeking enforcement of an existing order or applying to change the parenting order.

Where the matter requires court intervention, we can also help organize the evidence and determine the appropriate procedure under Alberta's current family court process.

The objective is not simply to escalate conflict between parents. It is to develop a practical parenting arrangement that respects court orders, provides greater predictability and protects the best interests of the child.

Bridgestone Law is a Calgary-based family law firm assisting clients with parenting disputes, parenting orders, divorce, child and spousal support, family property, financial disclosure and family law litigation throughout Alberta.