Last Updated February 2, 2024
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What is a Child Visitation Letter?
A Child Visitation Letter is used to plan a visit with your child or to inform the child’s other parent that they’ve breached their child visitation agreement. The letter provides a formal way for separated or divorced parents to communicate in a civil manner about their child’s visits.
Child Visitation Letters can also act as a paper trail for your communication with the other parent and evidence if a visitation dispute goes to court. If the other parent doesn’t follow the court-approved agreement that outlines your visitation rights, your Child Visitation Letters can show your history of attempting to visit your child or remedy the situation.
The contents of your Child Visitation Letter will depend on what you’re trying to do with it.
If you’re planning a visit with your child, the Child Visitation Letter includes:
- When the visit starts and ends
- Where the child will be picked up or dropped off
- Who will pick up or drop off the child
- A list of special clothing or equipment the child needs for activities
If you’re informing the other parent of a breach in your visitation agreement, the Child Visitation Letter includes:
- The type of agreement dictating your visitation rights
- A description of the visitation rights in the agreement
- How the other parent was non-compliant
- How long the other parent has to respond to your letter
Can I use a Child Visitation Letter to change my current visitation schedule?
No, you can’t use a Child Visitation Letter to change your visitation schedule. The letter is only for planning visits or informing the other parent of a breach in your agreement.
Changing your visitation schedule or rights is a formal process that must follow child decision-making responsibility and parenting time laws and may require a judge's approval. By making it more difficult for parents to change the visitation schedule spontaneously, these laws help ensure children and visitation aren’t used as leverage in a dispute between parents. As far as the law is concerned, the child's best interests always come first.
For example, suppose your visitation agreement allows you to visit your children every weekend and the other parent wants to change visitation to every other weekend. In that case, the other parent can't simply make that change on their own. They may need a court order before making any modifications to your arrangement.
How do I create a Child Visitation Letter?
You can create your Child Visitation Letter by completing LawDepot’s questionnaire. Using our template ensures you complete the necessary steps to plan a visit with your children or inform the other parent of a breach in your visitation agreement.
Start your Child Visitation Letter by providing your and the other parent’s information. The information should include:
- Names
- Addresses
- Cities and provinces/territories
- Postal codes
Also, provide your phone number and email so the other parent can contact you if necessary and the children’s names you want to include in the letter.
Creating a Child Visitation Letter to plan a child’s visit
Use this section if you are using the letter to plan an upcoming visit with your child.
1. Provide details about how the visit will begin and end
Including as much detail as you can about how you’ll pick up and drop off the child helps eliminate any confusion and helps get your visit off to the start you want.
Let the other parent know the date and time you want the visit to begin and end. Also, state how you prefer to pick up and drop off the child. For example, is the child old enough to transport themselves to and from the visit (e.g., walking from school or driving themselves)?
Also, include the address and a description of where the child is beginning and ending the visit.
2. State if the child needs to come prepared for special activities
Do you have any special plans for your child’s visit? Maybe you’re going skiing or spending a weekend at the lake. In this case, let the other parent know in your Child Visitation Letter so they can pack the necessary clothing or equipment for the child.
If you’re travelling outside of Canada with your child, you may need a Child Travel Consent Form.
Creating a Child Visitation Letter because the parent breached the child visitation agreement
Use this section if you want to inform the child’s other parent that they’ve breached your child visitation agreement.
1. State the type of agreement you have with the other parent
You and the other parent likely have a court-approved agreement that outlines your visitation rights and schedule. State if your agreement is a/an:
Also, be sure to include the agreement’s date in your Child Visitation Letter.
2. Describe the visitation rights in your agreement
Describe the visitation rights your agreement gives you. If possible, use the exact wording the agreement contains. If you’re unable to access your agreement and don’t know the precise wording, summarize your rights as accurately as you can.
3. Outline the other parent’s noncompliance
Explain when and how the other parent hasn’t complied with your visitation agreement. What’s considered a violation can vary from province to province, but some common examples include:
- Picking up or dropping off the child at the wrong time and place
- Keeping the child longer than agreed
- Trying to modify the visitation schedule without a judge’s approval
- Not allowing the non-custodial parent to visit the child
- Visiting the child outside the visitation schedule
- Allowing a person without the court’s authorization to pick up or drop off the child
It is important to note that failure to pay child support isn't a legitimate excuse not to follow a visitation agreement. These are two separate issues; a parent can still visit their child even if they’re behind on child support payments.
4. State how long the other parent has to respond
Let the other parent know how long they have to respond to your Child Visitation Letter. If they don’t respond within this time frame, you can choose to exercise your visitation rights by taking legal action.
