Does my wife have the right not to allow me to see our child?

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Does my wife ,under any circumstances, have the right not to allow me to see our child though divorce has not yet been filed or worked on? Is there any legal actions to do if my wife insist not to allow me?

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Andrew J. Kania, LL.B., LL.M.

9 years ago

You have raised a serious issue. The technical answer is that without a signed separation agreement or a Court Order both parents have the exact same equal legal rights toward their children. It is extremely rare for there to be no access. Even in the most egregious circumstances there is ordinarily some type of supervised access. Unsupervised access, on a reasonable basis, is by far the norm. If your wife is denying access to you then you should retain a lawyer and commence a lawsuit immediately to ask the Court’s assistance with respect to access to your children. If you wish to telephone me at 877-668-9386 I would be pleased to provide you with a free consultation to describe all of this for you.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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