“The applicant believes that the children are being negatively influenced against him by the respondent, while the respondent maintains that she encourages the children to go, but that they adamantly refuse.
The court has authority, both under the Divorce Act and the Children’s Law Reform Act, to make an order for reconciliation counselling as an incident of a parenting order: Leelaratna v. Leelaratna, 2018 ONSC 5983 (Ont. S.C.J.), paras. 45-46; and R.N. v. A.N., 2019 ONSC 163 (Ont. S.C.J.).
Those cases dealt with the Divorce Act and the Children’s Law Reform Act prior to the recent amendments. However, in relation to the Children’s Law Reform Act, the relevant portions of s. 28(1)(b) and (c), as considered in Leelaratna, have not been affected in any material way by the amendments: B.W.G. v. N.H.M., 2021 ONSC 2727 (Ont. S.C.J.), paras. 24-25.
In relation to the Divorce Act, prior to the recent amendments, Leelaratna relied on s. 16(6), which provided that the court “may impose such other terms, conditions or restrictions in connection therewith as it thinks fit and just” in relation to a custody or access order (para. 45).
Currently, s. 16.1(5) of the Divorce Act contains wording that, while not identical, is similar and would authorize an order for reconciliation counselling as an incident of a parenting order:
16.1(5) The court may make an order for a definite or indefinite period or until a specified event occurs, and may impose any terms, conditions and restrictions that it considers appropriate. [my emphasis]
In addition, s. 16.1(4)(d) includes as follows in relation to a parenting order:
16.1(4) The court may, in the order,
…
(d) provide for any other matter that the court considers appropriate. [my emphasis]
I find that an order for reconciliation therapy in the current circumstances can be regarded as a method of enforcing an existing order.
The Divorce Act amendments support, specifically, a family dispute resolution process.
Section 2(1) of the Divorce Act contains the following definition of “family dispute resolution process”:
a process outside of court that is used by parties to a family law dispute to attempt to resolve any matters in dispute, including negotiation, mediation and collaborative law
The Divorce Act imposes on the parties the following duties in ss. 7.2 and 7.3:
Protection of children from conflict
7.2 A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding.
Family dispute resolution process
7.3 To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process.
I am not able to accept the respondent’s primary submission. This is not a time for more litigation including oral questioning. It is a time to explore a solution through clinical intervention.”