My child refuses to go to their other parent — can I keep them?
Short answer
In Quebec, a custodial parent who prevents the other from exercising the access rights set out in the judgment is exposed to an application for contempt of court and to an application to change custody. There have to be serious grounds for refusing, for example where the child's health or safety is in danger.
In detail
A custody and access judgment binds both parents. The fact that the child does not want to go does not suspend the custodial parent's obligation to facilitate access.
That said, the law does not ask you to ignore a real danger. The recognized serious grounds include: protecting the child where their health or safety is in danger at the other parent's home, not allowing a situation that is contrary to the child's interest to continue, and respecting the wishes of an older, mature child.
If the situation persists, the route provided by law is to apply to the court — to have custody changed, or to have access rights limited, supervised or cancelled — rather than deciding unilaterally to stop the exchanges. The parent who is denied access also has recourses: discussing it, sending a mise en demeure (formal notice), applying for contempt of court, or applying to change custody.
What to document
Every missed exchange with the date, the time, the place, who was present and what was said. The text messages and emails in which you propose or confirm the exchange. If the refusal is based on safety: the specific facts observed, the dates, medical findings, school reports. The judge will decide on dates and facts, not on a general feeling.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- JuridiQC — Your options for enforcing a judgment
- Gouvernement du Québec — Principles applied in determining custody of a child
Related questions
- My ex is not complying with the custody judgment — what can I do?
- Can I move with my child without the other parent's consent?
- How is child support calculated in Quebec?
- In shared custody is there still child support?
- Can we agree that there will be no child support?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.