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Can You Lose Custody for Not Co-Parenting?

Can You Lose Custody for Not Co-Parenting

Sometimes, the court can reduce a parent’s parenting time, or they can even lose custody of the child. The court will make this decision if it is proved that the parent is unwilling or unable to co-parent the child. It depends on the specific situation of the case which leads the situation to lose custody for not co-parenting. 

The court will consider some key factors regarding it. That includes the reason for unwillingness and its impact on the child. Therefore, it invokes the question, can you lose custody for not co-parenting? Let’s dive into this and find out the answer.

When is it Considered Bad Co-parenting? 

In Canada, the court focuses on certain actions or behaviors of a parent while investigating bad co-parenting. Co-parenting will fail if you can not give priority to the best interests of the children you have. Here are some major actions of the parent that the court will examine.

  • Damage the child’s physical or mental well-being.
  • Disrupt their development.
  • Fail to maintain a healthy relationship between parents and the child.

Here are some common reasons behind failed parenting in Canada.

Failing to Communicate or Co-operate

You must establish effective communication and cooperation with the child to be a successful parent. These are the two most important elements of good parenting. A failure to establish this will have a negative impact on the child’s emotional well-being and development.

Similarly, when a co-parent is uncooperative, it makes the life and future of the child unstable. It will cause insecurity and anxiety. Finally, co-parenting will be successful if both of the parents collaborate in a respectful manner.

Withholding or Manipulating Access for the Other Parent

According to Canadian law, both parents have a legal right to spend time with their children. Failure to respect and work according to this law will damage the child’s emotional health and well-being. Therefore, in Canada, withholding or manipulating access to the child for the other parent is considered bad parenting. Several actions can be signs of this intent, such as

  • Refusing to act on the agreed-upon custody arrangement of the child.
  • Intentionally scheduling events or other activities during the other parent’s designated time with the child.
  • Making it hard for the other parent to meet or communicate with the child.

These actions can clearly indicate the situation and the child’s relationship with both parents.

Using the Child as a Messenger or Weapon

Using the child to pass messages between the co-parents is a bad practice. This action can put the child in a position of conflict. They may feel caught between the co-parent’s issues and disagreement.

Similarly, making negative comments or sharing private information of the other parent with the child can damage their relationship. It is considered as using the child as a weapon. It will also harm the relationship of the child with both parents.

Co-parents who are struggling to collaborate for the child’s best care should avoid these actions. They should find a way to work together for the child’s future well-being and development.

Incapable of Co-parenting

The incapability of co-parenting is not always caused by the intentional behavior of one or both parents. Sometimes, some valid reasons make it difficult to prioritize co-parenting or effecting cooperation for a parent. The reasons can be

  • Mental health issues of a co-parent.
  • Substance abuse or addiction.
  • Financial problems.

If one co-parent is incapable of co-parenting for any valid reason, the other co-parent must step up. To prioritize the child’s well-being, the other parent can seek legal assistance to change the custody arrangements. That includes establishing some effective boundaries for communication and co-parenting for the incapable co-parent.

Criticizing the Other Parent

Bad-mouthing the other parent in front of the child is a very bad manner. It creates the feeling of anxiety, confusion, or guilt in the child. It is similar to using the child as a weapon and also creates an unhealthy family situation for the child.

The co-parents should always avoid using negative language or criticizing the other parent in front of the child. Instead of destructive criticism of each other, the co-parents should find constructive ways to communicate with the child. It will serve the child’s best interest and lead him to a better future.

Neglecting the Child’s Needs

Neglecting the child’s needs has a serious impact on the child’s physical, mental, and emotional well-being. Several actions of the co-parents can indicate negligence of the child’s needs, such as,

  • Lack of adequate supervision or care of the child.
  • Failure to provide basic necessities like food or clothing.
  • Failure to provide proper medical care or educational support.

All the above factors are very important for a child’s smooth and healthy upbringing. If either of the co-parents is unable to pay attention to these or fails to fulfill these basic needs, the child will suffer. Therefore, co-parents should work together to ensure the child’s basic needs and create a safe and stable growing environment.

What to Do If You Lose Custody for not Co-Parenting or Bad Co-Parenting?

You can take several steps if you lose your parenting rights due to bad co-parenting. To address the situation, you can do the following.

  • Identify areas where you should improve your co-parenting behavior.
  • Work to address any underlying issues.
  • If necessary, fill out an appeal to modify the custody arrangements.
  • Follow the orders issued by the court.
  • Keep a record of your efforts and show your development to the court.
  • Be a patient and dedicated co-parent to ensure your child’s well-being.

Final Thoughts

In Canada, the court’s custody and access decisions depend on the child’s best interest. The co-parents must create an environment where the child can feel safe and happy and develop toward the best possible future.

Overall, bad parenting is any activity of the co-parents that damages the child’s mental, physical, or emotional health. Also, any activity that disrupts the natural growth is a part of bad parenting. Family courts always consider the parent’s ability and willingness to co-parent while deciding the child’s custody.

FAQs

How Many Years of Being Apart Before You Can Get a Divorce?

You don’t have to wait to apply for a divorce if you claim that your marriage has broken down because you and your spouse live separately. But, you an your spouse must live separately for at least one year before your divorce can be granted.

How Long Does a Father Have to be Away Before He Can’t Be a Co-Parent?

The mother can file a case to the court to remove the father’s parental rights if he is absent for a long time, typically six months or more, without a valid reason. Parental rights are removed only in extreme cases.

When a Father Isn’t Around, Does He Lose Parental Responsibility?

In an extreme case, yes. If the father is absent for six months or more without proper reason, he may lose his parental responsibility. The mother has to bring a case to the court to remove the parental responsibilities of the father.

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