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My Ex Won’t Let Me See My Child: What Can I Do in Alberta?

Family Law

My Ex Won’t Let Me See My Child: What Can I Do in Alberta?

7 min read

Is your ex denying parenting time in Alberta? Learn what to document, when to seek a parenting order, and how the court can help enforce it.

My Ex Won’t Let Me See My Child in Alberta

  1. Start by Reviewing Your Parenting Arrangements

  2. What If There Is No Court Order?

  3. What If My Ex Is Ignoring a Court Order?

  4. What Should I Do When a Visit Is Denied?

  5. Can My Ex Deny Parenting Time Because Child Support Is Unpaid?

  6. What If My Ex Raises Safety Concerns?

  7. What If My Ex Says My Child Does Not Want to See Me?

  8. What Can the Court Do?

  9. Can I Ask the Police to Help?

  10. When Might the Matter Be Urgent?

  11. How Bridgestone Law Can Help


Introduction


Being prevented from seeing your child can be frightening and deeply upsetting. You may be missing scheduled weekends, finding that exchanges are repeatedly cancelled, or receiving no response when you ask to arrange time together.


In Alberta, you can take steps to address denied parenting time. If you have a court order with a clear schedule, you may be able to apply to enforce it. If you do not have an order, you may need to obtain one. Alberta’s enforcement process also covers parenting orders made under the federal Divorce Act.


Your response should focus on your child’s needs, the actual parenting arrangements, and any safety concerns. Keeping clear records and getting advice early can help you decide what to do next.



Start by Reviewing Your Parenting Arrangements


Before responding, gather your court orders, parenting agreement, and relevant communications.


Check whether your arrangements address:

  • The days and times your child spends with each parent.

  • Where exchanges take place and who provides transportation.

  • Holidays, school breaks, and special occasions.

  • Telephone or video calls.

  • Notice requirements for cancellations or schedule changes.

  • Supervision or other conditions.


Identify exactly what has happened. Was one visit cancelled because your child was ill? Has your ex refused several exchanges? Are they saying that no further visits will happen?


A factual description is more useful than a general statement that your ex “never lets you see the child.”



What If There Is No Court Order?


An informal arrangement may work while parents cooperate, but it can leave uncertainty when communication breaks down.


If you cannot resolve the problem, you may need to apply for a parenting order. The appropriate application depends on your circumstances, including guardianship and whether the matter proceeds under Alberta’s Family Law Act or the federal Divorce Act.


Prepare a specific proposal for the time you want with your child. Include ordinary weeks, holidays, transportation, and communication between visits. Explain how the proposal fits your child’s routine and your ability to provide care.


Avoid assuming that having no order means you can collect your child whenever you choose. Get advice about your legal position before taking action that could escalate the dispute.



What If My Ex Is Ignoring a Court Order?


If an order specifies your parenting time and your ex is preventing it, you may be able to ask the court for enforcement.


The wording matters. An order that provides only for time “as agreed” may need clarification or variation before it can provide a workable schedule. Alberta’s guidance recommends applying to change an order that does not describe when parenting time takes place.


Keep a copy of the current order available and record each missed exchange. If your ex says the schedule should change, ask them to explain their proposal in writing.


An enforcement application and an application to change the parenting arrangements serve different purposes. Your lawyer can help identify which response addresses the problem.



What Should I Do When a Visit Is Denied?


1. Ask for an Explanation in Writing

Use a calm, brief message that identifies the scheduled parenting time and asks why it is not proceeding.


For example:

“Our parenting schedule provides for my time with [child] this Friday at 5:00 p.m. Please confirm that the exchange will proceed. If there is a problem, please explain it and propose a time to make up the missed visit.”


Only send messages through a channel you are legally permitted to use. Follow any protection order, restraining order, or communication restriction.


2. Keep a Parenting-Time Record

For each missed visit, note:

  • The scheduled date, time, and exchange location.

  • What you did to prepare for or attend the exchange.

  • The explanation your ex provided.

  • Relevant messages or emails.

  • Any proposed replacement time.

  • Expenses you incurred.


Keep complete conversations where possible, rather than isolated screenshots. Include your own responses and any changes you agreed to.


3. Propose a Practical Solution

Consider whether a clear adjustment could resolve the immediate problem, such as an alternative exchange location, different transportation arrangements, or replacement time.

If you agree to a temporary change, confirm its details in writing. State when the usual schedule will resume.


4. Seek Advice if the Problem Continues

Repeated cancellations or a statement that all contact will stop deserve prompt attention.

Bring your order or agreement, your parenting-time record, and the relevant communications to your lawyer. These materials help establish what happened and what outcome you are seeking.



Can My Ex Deny Parenting Time Because Child Support Is Unpaid?


Child support and parenting time are separate legal matters.


A parent should not withhold a child because support has not been paid. Similarly, a parent who is denied parenting time must continue meeting their support obligations. Alberta’s Maintenance Enforcement Program enforces support, but it does not enforce parenting time.


If both issues are occurring, address each through the appropriate process.



What If My Ex Raises Safety Concerns?


Safety concerns require careful attention. Family violence, threats, substance use affecting care, or other risks may require a different response from an ordinary scheduling dispute.

Under the Divorce Act, the child’s safety and well-being receive primary consideration.


Family violence and relevant protection or criminal orders are also part of the assessment. laws-lois.justice.gc.ca


Ask for enough information to understand the concern without turning the exchange into an argument. Get advice about whether temporary safeguards, supervision, or a court application are appropriate.


If someone is in immediate danger, call 911.



What If My Ex Says My Child Does Not Want to See Me?


A child’s reluctance needs to be understood. It may relate to difficult transitions, parental conflict, anxiety, past experiences, or concerns about a parent’s care.


Under the Divorce Act, the court considers the child’s views in light of their age and maturity. Those views are one part of the broader best-interests assessment.


Avoid pressuring your child to explain or defend either parent’s position. Do not ask them to collect evidence or carry messages.


Instead, record what the other parent has told you and seek advice about appropriate support. Depending on the circumstances, a professional assessment or changes to the transition arrangements may help.


A missed visit alone does not establish parental alienation. Focus on specific conduct and its effect on your child.



What Can the Court Do?


Depending on the circumstances and the applicable law, enforcement remedies can include:

  • Make-up parenting time.

  • Reimbursement of expenses connected with denied visits.

  • Security to encourage future compliance.

  • Financial penalties.

  • Police assistance where the court authorizes it.


These remedies require a court application and are not automatic consequences of every missed visit.


If the existing arrangements need to change, legal advice can help you assess a separate application for clearer or different parenting terms.


The court’s focus remains the child’s best interests. Under the Divorce Act, a parent’s willingness to support the child’s relationship with the other parent is relevant, alongside the child’s needs, relationships, history of care, and safety. There is no automatic entitlement to equal parenting time.



Can I Ask the Police to Help?


Do not assume that police will enforce an ordinary parenting dispute simply because you show them your order.


Alberta’s enforcement guidance identifies police assistance as a remedy the court can authorize. Whether assistance is available depends on the order and circumstances.


Seek advice before requesting a police-enforcement clause. Consider how enforcement may affect your child and whether another remedy could address the problem safely.



When Might the Matter Be Urgent?


Some situations require prompt court attention, including a risk of violence, immediate harm, or removal of a child from the jurisdiction.


The Court of King’s Bench also recognizes parenting-time, contact, and communication matters that cannot reasonably be delayed as potentially urgent. The court determines whether the urgency requirements are met.


Ordinary King’s Bench family proceedings are managed through the Family Focused Protocol. The correct route depends on the stage of your case, any assigned Mandatory Intake Triage Justice, and existing court directions.



How Bridgestone Law Can Help


When parenting time is being denied, a clear legal response can help protect your relationship with your child and reduce uncertainty.


Bridgestone Law can help you:

  • Review your parenting order or agreement.

  • Organize evidence of missed parenting time.

  • Communicate a proposed resolution.

  • Seek a parenting order or clearer parenting terms.

  • Assess enforcement options and urgent court relief.

  • Address safety concerns affecting parenting arrangements.


If your ex will not let you see your child, contact Bridgestone Law in Calgary to discuss your circumstances and the next steps available to you

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