Petition updatePROTECT OUR CHILDREN: Stop Alberta Family Courts from Ignoring Criminal DangerThe Unjust Disconnect: Why Child Access and Support Must Be Linked
Katarina LeighCanada
Jun 2, 2025

Child support is not a discretionary payment; it is a fundamental legal right of a child, ensuring their well-being and a secure upbringing. This financial entitlement stems directly from the non-custodial parent, yet, alarmingly, we frequently observe biological fathers and other non-custodial parents arbitrarily and without justification refusing to adhere to child support orders. This widespread defiance necessitates the intervention of programs like the Maintenance Enforcement Program (MEP).
The MEP is designed to enforce court-ordered child support payments through various mechanisms: writs of enforcement, wage garnishment, interception of tax refunds, freezing of assets, and even the suspension of driver's licenses and passports. Legal charges can also be pursued. However, the efficacy of the MEP is often undermined by significant hurdles. The enrollment process itself is protracted and arduous, especially for a single parent already burdened with the demands of raising a child and compiling extensive documentation. Furthermore, inter-provincial and international cases introduce substantial delays, with file linkages sometimes taking up to a year. Even when arrears accumulate to significant sums, such as $8,000, lump-sum payments are rare; instead, a modest amount is typically added to ongoing monthly payments. It is deeply disturbing to hear countless accounts of biological fathers owing upwards of $30,000, employing every conceivable tactic to evade their legal and moral obligation to their children.

This stark reality presents a profound paradox: these same individuals, who aggressively shirk their financial responsibilities, often vehemently fight for access to the very children they refuse to support. What drives this incongruity? Is it a calculated attempt to inflict suffering upon the other parent? Do they believe that limited access somehow absolves them of financial duty? If so, why pursue access at all?

A child's ability to thrive hinges upon a stable, financially secure, and nurturing environment. Basic necessities—nutritious food, a warm and safe home, emotional support, hygiene products, and developmentally stimulating activities—are paramount. When a legally obligated parent deliberately withholds child support, they are, in essence, denying their child these fundamental requirements for a safe and secure childhood.

The current legal framework, which largely separates child access from child support obligations, is fundamentally flawed. A parent who unreasonably and consistently defaults on child support payments demonstrates a clear inability or unwillingness to act as a "fit" parent.

Therefore, child access and support obligations must be inextricably linked. If a parent defaults on support payments, access should be suspended until all arrears are settled. Subsequent defaults should trigger further access denials. It is imperative that the family court system enshrine this principle into law. This alignment serves the paramount objective: the best interests of the child.

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