Hi there,

From what you’ve described, the other parent’s conduct raises several concerns, particularly regarding compliance with court orders and the duty to support a child’s relationship with both parents.

1. Failure to Communicate

In BC, both parents are expected to communicate about significant issues affecting their children. A pattern of refusing communication may be viewed by the court as acting contrary to the child’s best interests. The court generally expects parents to facilitate reasonable, child‑focused communication.

2. Not Following a Mediated or Court‑Ordered Parenting Agreement

If there is a written mediated agreement filed with the court, or an actual court order, both parties are legally required to follow it. One parent unilaterally creating their own schedule or withholding the child for longer periods than permitted can constitute a breach of a court order.

BC courts can enforce parenting orders through:

• Compensatory parenting time.
• Orders directing that the parent comply moving forward.
• Costs, fines, and other forms of compensation.

3. Withholding the Child / Parenting Time Interference

Denying or delaying the other parent’s parenting time without a lawful reason (such as an immediate safety concern) is taken seriously. The court may consider repeated interference as:

• A failure to act in good faith.
• Conduct not consistent with a child’s best interests.
• Potential grounds for varying the existing order.

4. Allegations of Parental Alienation

Preventing phone/video contact, making communication difficult, or isolating the child from the other parent can be evidence of alienating behaviours. Serious allegations often necessitate an expensive report called a Section 211 Report.

A Section 211 Report is an assessment prepared under Section 211 of the Family Law Act. Its purpose is to give the court independent, professional information about:

• the needs of the child,
• the views of the child, and/or
• the ability of each parent to meet the child’s needs.

The report is completed by a qualified professional—usually a psychologist, psychiatrist, or social worker—who conducts interviews, observations, and sometimes collateral checks (teachers, doctors, etc.).

The assessor then provides a written report to help the court make decisions about parenting time, parental responsibilities, and the child’s best interests. The cost of these reports can range from $0 to $40,000.

Next Steps You May Consider:

Without giving legal advice, here are general options people in similar situations often pursue:

• Document everything — dates, missed visits, refusal of communication, attempts to resolve the issue, etc.
• Send a written request to follow the existing order (polite, factual, child‑focused).
• Request mediation.
• Apply to court for enforcement or clarification of the order if the behaviour continues. You can also apply to the courts for an appointment of a Parenting Coordinator if you are experiencing frequent minor disputes.
• Seek legal advice from a family lawyer.

Our lawyers are very experienced with these types disputes and we’d be happy to help. Don’t hesitate to contact us if you’d like to schedule a consultation.