What is a parent's obligation to comply with access order if the child wishes to stay with the access parent?
Ontario, Canada
The following excerpt is from McClintock v. Karam, 2017 ONSC 6633 (CanLII):
Although a child's wishes, particularly the wishes of a child of O.K.'s age, should certainly be considered by a court prior to making an access order, once the court determines that access is in the child's best interests, a parent cannot leave the decision to comply with the access order up to the child. Rather, parents have a "positive obligation to ensure a child who allegedly resists contact with the access parent complies with the access order": Godard v. Godard, 2015 ONCA 568 (CanLII), 65 R.F.L. (7th) 265 at para. 28.
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