Overview and Assessment of Approaches to Access Enforcement: An Update

Nature and Scope of Access Enforcement Problems

It is still the case that mothers are more likely to have primary care of the children after separation or divorce. In 2011, 70 per cent of separated or divorced parents indicated that the child lived primarily with his or her mother, 15 per cent indicated that the child mainly lived with the father, and nine per cent reported equal living time between the two parents’ homes (Canada, 2014). Thus, most cases of access denial involve custodial mothers denying access to non-custodial fathers. Most cases of failure to exercise access involve non-custodial fathers who do not follow the access arrangements.

In most cases, access arrangements are followed. In 2011, 53 per cent of parents reported full compliance with the arrangements in the last 12 months, and 25 per cent reported that the arrangements were followed most of the time. Nine percent of parents reported that the arrangements were only followed some of the time, and 12 per cent said that the arrangements were either rarely or never followed. The most common reason given for non-compliance was that the non-custodial parent failed to exercise access. Another reason given was cancellation of the visit by the custodial parent. Other reasons given for non-compliance were that the arrangements no longer worked for the child, and conflict with ex-partner (Canada, 2014).

In 2011, almost 75 per cent of separated and divorced parents reported satisfaction with the amount of time they spent with their children. Custodial parents were much more likely to report satisfaction than non-custodial parents. The most common reason for dissatisfaction was insufficient time with their children. Eighteen per cent of non-custodial parents indicated that they did not spend any time with their child within the last year, and 44 per cent stated that they spent some time but less than three months. Non-custodial parents who spent more time with their children were more likely to report satisfaction (Canada, 2014).

Most custodial parents are satisfied with the access arrangement and support continued access by the non-custodial parent. Indeed, two-thirds of both custodial and non-custodial parents reported being satisfied with the time spent by their ex-partner with the children. The highest rates of satisfaction (83%) were among parents whose children spent an equal amount of time with both parents.

In most cases, access arrangements are generally complied with and parents are satisfied with the arrangements. Many custodial parents deny access occasionally for reasons such as illness of the child. More problematic is ongoing resistance to and denial of access, a problem more likely to arise in the minority of cases that involve high levels of conflict between the parents (Canada, 2001). Many non-custodial parents cancel access visits occasionally for various reasons. The cases of more concern are those where the non-custodial parents more generally fail to exercise access or to maintain a positive relationship with their children (Canada, 2001).