“The father candidly acknowledged that by having de facto residency of C, and by the mother having no parenting time with C since May 2020, he is in breach of the Order of Justice Moore. However, he claims that he cannot convince his 15 year old son C to act in compliance with Justice Moore’s order. This is not a defence to the mother’s allegation of non-compliance as the father filed no response on the motion, and the father’s submissions at the hearing did not explain what specific steps he has taken to promote compliance with the parenting order of Justice Moore. Compliance with court orders cannot be left up to a child: King v. King, 2016 ONSC 3752, at para. 48.
As well the father needed to have shown what positive steps he took to promote compliance with the Moore Order. In Godard v. Godard, 2015 ONCA 568, at para. 28, the Court of Appeal stated:
As stated by the motion judge, Ontario courts have held consistently that a parent “has some positive obligation to ensure a child who allegedly resists contact with the access parent complies with the access order”: Quaresma v. Bathurst, (2008), O.J. NO. 4734 (Ont. S.C.J.) at para.8. See also Campo v. Campo, 2015 ONSC 1349; Stuyt v. Stuyt, 2009 CanLII 43948 (Ont. S.C.); Stuyt v. Stuyt, 2009 CanLII 43948 (Ont. S.C.); and Hatcher v. Hatcher, 2009 CanLII 14789 (ON SC), [2009] O.J. No. 1343 (Ont. Sup.Ct.).”