Help in Ontario... Son claims of mental and physical abuse.

My son is 13 and he hasn't seen his mom since Oct/2008, She is now demanding visitations. Does he have a right to refuse to go and does he ever have to go. He claims of mental and physical abuse when he lived with her but nothing is documented.

[Lexus]

First of all let me remind you that both parents have equal rights on their children. You wife has all the right to demand for visitation. She can even file a petition for joint custody. While considering the visitation petition court will consider the ‘best interest of the child’. Court will hear the side of the children before taking any decision. If you could convince the court that his mother had mentally and physically abused him while he was with her, then the court will be very cautious while passing an order in her visitation petition. It is better advised that you may consult with a Family law Attorney who can give proper guidance in this regard.

[AFFA]

I wish to inform you that court considers best interest of child as main consideration. Children’s Law Reform Act generally deals with child custody issue in Ontario. In this regard you can show that mother does not take care of child. As regards past abuse statement of child or any person having knowledge may be shown. You may show all facts which provide that if custody is given to mother then interest of child will get affected.

AFF

Originally Posted by Unregistered My son is 13 and he hasn't seen his mom since Oct/2008, She is now demanding visitations. Does he have a right to refuse to go and does he ever have to go. He claims of mental and physical abuse when he lived with her but nothing is documented.

if mom has a court order( and that is what it is an order not a suggestion) your son must go or you can be held in contempt and done enough times your son will be living with mom and visting you. untill hes 18 he has absolutely no say in the matter

Doesn't matter really. My daughter hasn't visited in four years (she's 16 now) and they never did anything to her mom but slap her wrist, for the whole four years she was in contempt. I took her to court and they never did anything to her at all.
Lets face it, women rule the family court system.