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Commonly Asked Questions about Child Visitation Rights Forms

The court will consider the wishes of an older child (12+); however, the court will make the final decision if the parents cannot decide amongst themselves.
Form 35.1: Affidavit in Support of Claim for Custody or Access in Ontario. If you seeking an Ontario Court order for custody and/or access, regardless of whether you are a parent, a grandparent, or a third party, you must prepare a Form 35.1 Affidavit in Support of Claim for Custody or Access.
Establishing paternity must be done through a court order, which will also determine custody and/or visitation rights, as well as additional parental responsibilities, based on whats in the best interest of the child. If an unwed father is not listed on the birth certificate, he has no legal rights to the child.
Keep Communication Open. Give your child a safe space to share with you why they want this change. You can certainly have boundaries that the conversation has to stay respectful but remember that goes both ways. Let them speak.
Access is a right of the child and not a right of the parent. A parent with custody cannot refuse access to the other parent, unless there is a Court order stating that. If a parent with custody refuses access, he or she can be found in contempt of Court, fined or possibly imprisoned.
To respond to a motion you must complete the following forms: Form 14A: Affidavit (General) write out the evidence to explain your side of the story and whether or not you agree with the orders the other party is requesting. attach any relevant documentary evidence to this form as an exhibit
Notify and involve the other parent If your child refuses visitation, notify your co-parent as soon as possible. Use a method of communication that can document the incident and can prove when you told your co-parent.
There is no specific age such as 12 or 14 when children get to decide who they will live with. Each child is unique, and their views are one factor that a judge will consider when deciding what parenting arrangement is in their best interests.