Separation is difficult for children even when parents make every effort to protect them from conflict. It can become much more serious when a child’s relationship with one parent begins to deteriorate and there are concerns that the other parent may be contributing to or encouraging that breakdown.
In Ontario family law, these situations are often described as parental alienation or, more broadly, as cases involving a child resisting contact with a parent.
Parental alienation allegations can have significant consequences in a parenting case. At the same time, a child refusing or resisting contact with a parent does not automatically mean alienation has occurred. Courts must carefully consider the reasons for the child’s behaviour, the history of the family, any safety concerns, allegations of family violence, the child’s views and preferences, and all other circumstances relevant to the child’s best interests.
This article explains what parental alienation means in Ontario family law, possible signs of alienating behaviour, the evidence courts may consider, and the remedies that may be available.
What Is Parental Alienation?
Parental alienation generally refers to a pattern of behaviour that unjustifiably undermines or damages a child’s relationship with another parent.
It may involve conduct that causes or encourages a child to fear, distrust, reject or distance themselves from the other parent where the child’s reaction cannot reasonably be explained by that parent’s actual conduct or by legitimate concerns about the child’s safety or well-being.
Parental alienation is not limited to mothers or fathers. The focus is on the behaviour, its effect on the child, and the overall family circumstances.
Ontario courts have treated parental alienation as a factual and legal concept rather than something that must necessarily be established through a specific mental-health diagnosis. Expert evidence can be very important in complex cases, but courts may also make findings based on the factual evidence before them. The Ontario Court of Appeal’s decision in A.M. v. C.H., 2019 ONCA 764, is frequently cited in Ontario parental alienation cases.
Importantly, one argument, one negative comment, or occasional frustration with the other parent does not necessarily amount to parental alienation. Courts generally look at the broader pattern of behaviour and its effect on the child.
Parental Alienation vs. Estrangement
One of the most important distinctions in these cases is the difference between parental alienation and legitimate estrangement.
A child may resist contact with a parent for many reasons. In some cases, another parent may be improperly influencing the child. In other cases, the child’s resistance may arise from their own experiences with the parent they are rejecting.
Possible reasons for estrangement may include:
- family violence;
- abuse or neglect;
- inappropriate parenting behaviour;
- longstanding conflict between the child and parent;
- exposure to frightening or harmful behaviour;
- repeated disappointment or instability;
- the child’s age, maturity and developing independence; or
- a combination of several family dynamics.
In some cases, both parents may also contribute to the deterioration of the relationship.
For this reason, a child’s refusal to see a parent is not, by itself, proof of parental alienation.
The court’s task is to understand why the relationship has broken down and determine what parenting arrangement is in the child’s best interests. Under section 16 of the federal Divorce Act, courts must consider factors including the child’s relationships, need for stability, views and preferences, history of care, each parent’s ability and willingness to care for the child, the parents’ ability to communicate and cooperate, and any family violence. The child’s physical, emotional and psychological safety, security and well-being receive primary consideration.
Possible Signs of Parental Alienation
There is no single behaviour that proves parental alienation. Courts examine the entire family history, the credibility of the evidence and the effect of the conduct on the child.
Depending on the circumstances, potentially concerning behaviour may include:
- repeatedly making disparaging or demeaning comments about the other parent in front of the child;
- interfering with scheduled parenting time without a legitimate reason;
- preventing or unnecessarily restricting telephone calls, video calls or messages;
- encouraging the child to keep secrets from the other parent;
- creating loyalty conflicts in which the child feels that showing affection toward one parent is a betrayal of the other;
- reacting negatively when the child enjoys parenting time with the other parent;
- repeatedly involving the child in adult disputes about the separation, court case, support or property;
- asking the child to choose between parents;
- encouraging the child to refer to a parent by their first name or minimizing that parent’s role in the family;
- providing the child with inappropriate information about court proceedings or allegations against the other parent;
- repeatedly scheduling activities that conflict with the other parent’s parenting time without reasonable justification;
- refusing to share important information about the child’s school, health or activities where that information should be shared;
- undermining the other parent’s authority with the child; or
- engaging in a continuing pattern of conduct that makes maintaining the parent-child relationship unnecessarily difficult.
The context is critical.
For example, restricting contact because of a genuine and reasonably held concern about violence or a child’s safety is very different from interfering with parenting time for the purpose of damaging the child’s relationship with the other parent.
Likewise, an allegation of family violence, abuse or neglect should not automatically be treated as evidence of parental alienation simply because the allegation is disputed. Courts must examine the evidence surrounding those allegations independently.
How Do Ontario Courts Determine Whether Parental Alienation Has Occurred?
Proving parental alienation generally requires more than making the allegation.
A court may consider many different forms of evidence to determine what has happened within the family and why a child is resisting a parent.
Communications Between the Parents
Emails, text messages and communications through parenting applications can sometimes provide important evidence.
They may show:
- repeated attempts to arrange parenting time;
- cancellations or interference;
- refusal to facilitate calls or contact;
- hostility toward the child’s relationship with the other parent;
- efforts by one parent to resolve the problem; or
- explanations for why parenting time was restricted.
Written communication can be particularly useful because it provides a contemporaneous record rather than relying entirely on the parties’ recollections.
Parenting-Time Records
A clear history of parenting time can help the court understand how the child’s relationship with each parent developed.
Relevant evidence may include:
- calendars;
- records of missed visits;
- cancelled exchanges;
- make-up parenting time;
- telephone and video contact;
- transportation records; and
- compliance or non-compliance with existing parenting orders.
Evidence of the Historical Parent-Child Relationship
When a child suddenly rejects a parent, evidence showing the relationship before the conflict developed can be important.
This may include evidence of:
- school involvement;
- medical appointments;
- extracurricular activities;
- vacations;
- regular parenting routines;
- photographs and family records; and
- communications between the child and parent.
The court may consider whether the child’s current rejection is consistent with the historical relationship and whether there is a reasonable explanation for the change.
Independent Third-Party Evidence
Evidence from people who have observed the family may also become relevant.
Depending on the case, this could include evidence from:
- teachers;
- doctors or other health professionals;
- counsellors;
- coaches;
- parenting-time supervisors;
- extended family members; or
- other people who have direct knowledge of relevant events.
The weight given to any evidence will depend on the circumstances and the person’s actual knowledge of the family.
Section 30 Parenting Assessments
In some difficult parenting cases, the court may order an assessment under section 30 of Ontario’s Children’s Law Reform Act.
Section 30 allows the court to appoint a person with appropriate technical or professional skill to assess and report on the needs of the child and the ability and willingness of the parties to meet those needs.
An assessment may provide the court with independent information about family relationships, parenting abilities, the child’s circumstances and other issues relevant to the parenting dispute.
A Section 30 assessment is not required in every parental alienation case. Whether an assessment is appropriate depends on the complexity of the case, the evidence already available, the issues requiring determination, the potential cost and delay, and the child’s best interests.
Office of the Children’s Lawyer
The Office of the Children’s Lawyer, or OCL, may also become involved in parenting disputes.
A judge can request the involvement of the OCL in cases involving parenting time, contact or decision-making responsibility. The OCL then determines whether it will accept the case.
If accepted, the OCL may provide:
- a lawyer for the child;
- a clinician who prepares a report;
- or both a lawyer and a clinician.
The type of involvement depends on the case and the service offered by the OCL.
OCL involvement can assist the court in understanding the child’s circumstances and, depending on the service provided, the child’s views and preferences and broader family dynamics.
A Child’s Views and Preferences
A child’s views can be very important in a parenting case, particularly as the child becomes older and more mature.
However, the child’s wishes are one factor within the overall best-interests analysis. They are not automatically determinative.
The Divorce Act specifically requires courts to consider a child’s views and preferences, giving due weight to the child’s age and maturity, unless those views cannot be ascertained.
In a case involving alleged alienation, the court may need to determine not only what the child is saying, but also why the child holds those views.
This can be one of the most difficult issues in a parental alienation case.
What Can an Ontario Court Do About Parental Alienation?
There is no automatic remedy for parental alienation.
The appropriate response depends on factors such as:
- the child’s best interests;
- the child’s age and maturity;
- the seriousness and duration of the problem;
- the reasons for the child’s resistance;
- any family violence or safety concerns;
- the strength of the child’s relationship with each parent;
- whether existing court orders have been followed;
- the willingness of the parents to change their behaviour; and
- whether less disruptive solutions are likely to work.
Depending on the case, possible court responses may include the following.
More Detailed Parenting Orders
Where conflict or interference is occurring, the court may create more detailed provisions governing parenting time, exchanges, communication or other parenting responsibilities.
Greater clarity can reduce opportunities for continued conflict over the meaning of an existing arrangement.
Make-Up Parenting Time or Enforcement Orders
If parenting time has been improperly denied, the affected parent may seek court intervention.
The court has powers to address non-compliance with family court orders, although the appropriate remedy depends on the circumstances.
Counselling or Therapeutic Intervention
Ontario courts have made orders involving counselling or therapeutic intervention in appropriate cases, including cases involving a damaged parent-child relationship.
The suitability of any particular therapeutic process depends on the evidence, the circumstances of the child and the applicable law.
Supervised Parenting Time
Supervised parenting time may be appropriate in some circumstances where the court determines that contact should continue but safeguards are required.
Supervision is not automatically imposed simply because parental alienation has been alleged.
Changes to Parenting Time or Decision-Making Responsibility
Where one parent’s conduct is seriously harming the child’s relationship with the other parent, the court can consider changing parenting arrangements.
This may include changes to:
- the parenting schedule;
- primary residence;
- decision-making responsibility; or
- conditions governing contact.
These are significant remedies and must ultimately be justified by the child’s best interests.
Change of Primary Residence
In serious parental alienation cases, Ontario courts have ordered a child to move from the care of the parent found to be engaging in alienating behaviour to the other parent.
The Ontario Court of Appeal has upheld such an order in A.M. v. C.H., 2019 ONCA 764, and has subsequently emphasized that these cases are highly fact-specific.
Changing a child’s primary residence can be highly disruptive and is not an automatic consequence of a finding of alienation.
Temporary Restrictions on Contact
In exceptional cases, courts have imposed temporary restrictions on contact between a child and a parent while attempts are made to repair the child’s relationship with the other parent.
For example, A.M. v. C.H. involved a temporary suspension of contact as part of a significant change in the child’s parenting arrangement.
These are serious and highly fact-specific orders.
The Legal Framework for Parental Alienation in Ontario
There is no separate “Parental Alienation Act” in Ontario.
Instead, allegations of alienation are considered within the existing legal framework governing parenting decisions.
For married parents proceeding under the federal Divorce Act, the court must consider only the best interests of the child when making a parenting or contact order.
Section 16 of the Divorce Act specifically directs courts to consider:
- the child’s need for stability;
- the nature and strength of the child’s relationships;
- each parent’s willingness to support the development and maintenance of the child’s relationship with the other parent;
- the history of care;
- the child’s views and preferences;
- each person’s ability and willingness to meet the child’s needs;
- the parents’ ability and willingness to communicate and cooperate; and
- family violence and its effect on the child and parenting arrangements.
The court must give primary consideration to the child’s physical, emotional and psychological safety, security and well-being.
Ontario’s Children’s Law Reform Act contains a similar best-interests framework for parenting cases governed by provincial legislation.
The important point is that parental alienation is not considered in isolation. A judge must consider the entire family situation before determining what arrangement is best for the child.
Family Violence and Parental Alienation Allegations
Allegations of parental alienation require particular care when family violence is also alleged.
The Divorce Act expressly requires judges to consider family violence and its impact on the child and parenting arrangements. This includes consideration of patterns of coercive and controlling behaviour.
A parent should not be characterized as alienating simply because they raise a genuine concern about violence, abuse or a child’s safety.
At the same time, where serious allegations are made and disputed, the court may have to determine what actually happened and whether the allegation, the response to it, or other conduct has affected the child’s relationship with either parent.
These cases are highly fact-specific and often require careful evidence rather than assumptions about either parent.
What Should You Do If You Believe You Are Experiencing Parental Alienation?
If your relationship with your child is deteriorating during a separation, acting early can be important.
Document What Is Happening
Maintain a factual and chronological record of significant events.
This may include:
- missed or cancelled parenting time;
- unanswered calls or messages;
- problems at exchanges;
- changes in the child’s behaviour;
- attempts to resolve parenting problems;
- compliance with parenting orders; and
- significant communications with the other parent.
Focus on facts rather than conclusions.
Instead of writing “my ex is alienating my child,” record what occurred, when it occurred, who was present and what was said or done.
Keep Important Communications
Preserve relevant:
- emails;
- text messages;
- parenting-app communications;
- school communications;
- court orders; and
- other records connected to the parenting dispute.
Do not alter or selectively edit records.
Communicate Carefully
High-conflict written communication can eventually become evidence in a family court proceeding.
Keep your messages:
- factual;
- respectful;
- focused on the child; and
- directed toward practical solutions.
Avoid insults, threats or accusations that do not help resolve the issue.
Do Not Retaliate
If you believe the other parent is criticizing you to the child, responding by criticizing the other parent can make the situation worse.
It can also undermine your position if the dispute reaches court.
Whenever possible, keep the child outside the adult conflict.
Do Not Pressure the Child for Evidence
Children should not be turned into investigators, witnesses or messengers between parents.
Repeatedly questioning a child about the other parent’s home or asking the child to collect information may create additional pressure and can itself become relevant in a parenting dispute.
Continue Following Court Orders
Unless there is an emergency or you have received legal advice that changes the situation, parents should generally continue complying with existing parenting orders.
If an order is no longer workable or safe, legal advice should be obtained about the appropriate way to address it.
Get Legal Advice Early
Problems involving a child resisting contact can become more difficult to resolve as the pattern becomes established.
A family lawyer can help assess:
- whether the evidence may support an alienation claim;
- whether there may be another explanation for the child’s behaviour;
- whether immediate court intervention is appropriate;
- whether OCL involvement should be requested;
- whether a Section 30 assessment may assist;
- whether an existing parenting order should be enforced or changed; and
- what evidence should be preserved.
What If You Have Been Accused of Parental Alienation?
Being accused of parental alienation can also have serious consequences.
Do not assume that the allegation will simply disappear because you believe it is false.
Consider obtaining legal advice and carefully reviewing:
- your communications with the other parent;
- your compliance with parenting orders;
- what you say to the child about the other parent;
- how you respond when the child refuses parenting time;
- whether there are documented safety concerns;
- what steps you have taken to support appropriate contact; and
- whether third-party evidence supports your position.
Where you have legitimate concerns about family violence, abuse or the child’s safety, those concerns should be documented and presented properly rather than ignored because the other parent has raised an allegation of alienation.
2026 Legislative Update: Bill C-223
Parents dealing with parental alienation allegations should also be aware of a significant proposed change to federal family law.
As of August 18, 2026, Bill C-223, the proposed Keeping Children Safe Act, has not become law. It is currently at consideration in committee in the House of Commons after passing second reading.
If enacted in its current form, Bill C-223 would make substantial changes to how certain allegations that one parent deliberately caused a child to resist or become estranged from the other parent may be considered under the Divorce Act. It also proposes restrictions relating to certain reunification therapy orders and restrictions on parenting time imposed for the purpose of repairing another parent-child relationship.
Because Bill C-223 is still proposed legislation, the existing Divorce Act continues to govern unless and until Parliament passes amendments that come into force.
Anyone involved in a parental alienation case should obtain current legal advice, particularly while this legislation remains before Parliament.
Frequently Asked Questions About Parental Alienation in Ontario
What is parental alienation in Ontario family law?
Parental alienation generally describes conduct that unjustifiably undermines or damages a child’s relationship with another parent. Courts look at the overall evidence and the reasons for the child’s resistance rather than relying on the label alone.
Is a child refusing to see a parent proof of parental alienation?
No. A child may resist contact for many reasons, including legitimate concerns arising from the child’s experiences with that parent. Courts must determine why the relationship has deteriorated before deciding what should happen.
How do you prove parental alienation in Ontario?
Evidence may include emails, text messages, parenting-app communications, parenting-time records, evidence about the historical parent-child relationship, third-party observations, OCL involvement, and professional assessments where appropriate.
The evidence required depends on the circumstances of the particular family.
Do you need a psychologist to prove parental alienation?
Not necessarily. Ontario courts may make findings based on factual evidence without requiring a specific psychological diagnosis. However, expert or assessment evidence can be very important in complex cases, particularly when the reasons for a child’s rejection of a parent are disputed.
What is the difference between parental alienation and estrangement?
Parental alienation generally involves unjustified interference with or undermining of a parent-child relationship. Estrangement may arise from the child’s own experiences with the parent, including legitimate safety concerns or problems in the relationship.
In some families, the situation may involve a combination of factors rather than fitting neatly into either category.
Can the Office of the Children’s Lawyer become involved in a parental alienation case?
Yes. A judge can request the involvement of the Office of the Children’s Lawyer in a parenting case. If the OCL accepts the case, it may provide a lawyer for the child, a clinician, or both.
What is a Section 30 assessment?
A Section 30 assessment is an assessment available under Ontario’s Children’s Law Reform Act. The court may appoint a qualified professional to assess and report on the child’s needs and the parties’ ability and willingness to meet those needs.
Can a court change where a child lives because of parental alienation?
Yes, in appropriate cases. Ontario courts have changed primary residence and parenting arrangements where serious alienating behaviour was established and the court concluded that a change was in the child’s best interests.
A change of residence is a significant remedy and is not automatic.
Can a court order therapy in a parental alienation case?
Under the law currently in force, Ontario courts have made counselling and therapeutic orders in appropriate parenting cases. Whether such an order is appropriate depends on the evidence and the circumstances of the child.
Bill C-223 proposes changes affecting certain reunification therapy orders, but as of August 18, 2026, the bill has not become law.
What should I do if my child suddenly refuses to see me?
Avoid pressuring or interrogating the child. Document what is occurring, preserve relevant communications, continue acting appropriately toward the other parent, follow existing court orders where possible, and seek family law advice if the problem continues or becomes serious.
Concerned About Parental Alienation?
Parental alienation cases can become difficult quickly. Early intervention may be particularly important where parenting time is repeatedly being denied, a child’s relationship with a parent is deteriorating, or allegations of alienation are being raised in an existing court case.
The family law team at Progressive Legal Solutions represents parents in complex parenting disputes, including matters involving parental alienation, children resisting contact, parenting-time interference, high-conflict separation and family court proceedings.
We assist clients in Toronto, North York, Barrie, Simcoe County and across the Greater Toronto Area.
Whether you are concerned that your relationship with your child is being undermined or you have been accused of parental alienation, understanding the evidence and your legal options early can help you make informed decisions about your next steps.
Contact Progressive Legal Solutions to arrange a consultation with a family lawyer.
This article provides general information about family law in Ontario and is not legal advice. Family law cases are fact-specific, and legislation and court practices may change. If you require advice about your circumstances, speak with a qualified Ontario family lawyer.
Last reviewed: August 2026
