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What is the legal definition of parental alienation in Ontario?

Parental alienation is a term used to describe a situation where one parent manipulates a child to turn against the other parent. This can include making false allegations against the other parent, interfering with the other parent’s parenting time, or undermining the other parent’s authority. In Ontario, parental alienation is not specifically defined in the Family law, but it can have significant legal implications in family cases. In this article, we will explore the legal definition of parental alienation in Ontario.

1. Definition of Parental Alienation

Parental alienation involves one parent engaging in behavior that is designed to damage the relationship between the child and the other parent. This behavior can include making negative comments about the other parent, discouraging the child from spending time with the other parent, or making false allegations of abuse or neglect as per Children’s Law Reform Act,.

2. Impact on Parenting Time

Parental alienation can have a significant impact on parenting plans in Ontario. If one parent is intentionally interfering with the other parent’s parenting time, the court may order that the parenting time be supervised or that it be suspended altogether. The court may also order the parent engaging in parental alienation to attend counselling or therapy to address the behavior.

3. Impact on Custody and Access

Parental alienation can also impact custody and access agreements in Ontario. If one parent is intentionally turning the child against the other parent, the court may consider this behavior when making custody and access decisions. The court will consider the best interests of the child when making these decisions, and parental alienation can be a factor that the court takes into account.

4. Impact on Child Support

Parental alienation is generally not considered a factor in determining child support in Ontario. The amount of child support is determined based on the income of both parents and the needs of the child, regardless of the behavior of either parent.

5. Impact on Court Proceedings

Parental alienation can have a significant impact on court proceedings in Ontario. If one parent is engaging in parental alienation, it can create conflict and make it difficult to reach a settlement. The court may order the parties to attend mediation or other forms of dispute resolution to try to resolve the issues.

6. Legal Remedies for Parental Alienation

If one parent is engaging in parental alienation in Ontario, the other parent may seek legal remedies to address the behavior. This may include seeking a court order to protect parenting time, seeking custody or access changes, or seeking an order for counselling or therapy for the parent engaging in parental alienation.