# Can my ex-partner's new partner stop me from seeing my child?

- Jurisdiction: Canada
- Practice area: Family Law
- Published: 2026-10-31
- Last updated: 2026-10-31
- Canonical: https://lawasked.com/ca/family-law/can-my-ex-partner-s-new-partner-stop

## Question

I am currently living in Ontario and I am struggling with a very difficult situation regarding my six-year-old son. My ex-wife and I divorced about eighteen months ago, and we have a set schedule for when he stays with each of us. However, my ex-wife has recently started a serious relationship with a man who is not my son's biological father. Since they moved in together back in January, this man has been acting like a parent, but he has also been actively blocking any attempts I make to have a relationship with my son outside of my scheduled parenting time. I have tried calling and sending polite messages to my ex-wife to ask if I can perhaps have a video call or a short visit during her time, but she refuses, saying it interferes with their new family programme. I have spent a lot of money on childcare and various activities for my son, but I feel completely shut out by this new person in their household. I am not asking for custody, just some way to maintain a connection. I am unsure if there is a way to get a formal arrangement that allows me to see my son or speak to him through video calls even when he is with them, without having to change our entire existing custody agreement.

## Summary

It depends on whether you can convince a court that a formal arrangement is necessary. While your ex-wife's partner cannot legally block your rights, you may need to apply for a contact order to formalize video calls or visits outside your scheduled time.

## Analysis

Under the Divorce Act, your ex-wife's new partner does not have the legal authority to override your parental rights, but the current lack of a formal agreement for communication is causing issues. Because you already have a set schedule, you are looking for a way to maintain a connection through video calls or short visits during her time. 

A court has the power to make a "contact order," which is a legal instruction regarding how a person can communicate with or see a child [1]. Specifically, the law states that a court may "provide for contact between the applicant and the child in the form of visits or by any means of communication" [1]. This means a judge could specifically order that you be allowed to have video calls with your six-year-old son during your ex-wife's parenting time. 

In deciding whether to grant this, the court will look at "all relevant factors, including whether contact between the applicant and the child could otherwise occur, for example during the parenting time of another person" [1]. The court will weigh your desire for connection against the "new family programme" your ex-wife mentions. 

If you already have a parenting order in place, you might instead seek a variation order. A variation order is a legal change to an existing court order [2]. To get this, the court must be satisfied that "there has been a change in the circumstances of the child since the making of the order" [2]. It is unsettled whether the introduction of a new partner and the resulting loss of communication constitutes a sufficient "change in circumstances" to trigger this power. 

State, provincial, or local laws may add further rules regarding family law and child access; you should check Ontario-specific regulations.

## Statutory citations

- Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), s. 16.5 - Contact order [in force] (https://laws-lois.justice.gc.ca/eng/acts/D-3.4/index.html#s-16.5)
  > The court may, in the contact order, (a) provide for contact between the applicant and the child in the form of visits or by any means of communication
- Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), s. 17 - Variation order [in force] (https://laws-lois.justice.gc.ca/eng/acts/D-3.4/index.html#s-17)
  > Before the court makes a variation order in respect of a parenting order or contact order, the court shall satisfy itself that there has been a change in the circumstances of the child since the making of the order

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