6 Common Mistakes Parents Make During a Family Law Case (And How They Can Hurt Your Case)
June 28, 2026
Family Law in Ontario: The Small Mistakes That Can Cost You Big
When parents separate, emotions often run high. It is natural to feel frustrated, hurt, or even angry. Unfortunately, many parents unknowingly make decisions that seriously damage their credibility and negatively affect their family law case.
Ontario family courts are guided by one overriding principle: the best interests of the child. Judges carefully examine each parent’s behaviour before, during, and after separation.
If your actions suggest that you are unwilling to cooperate, place your own interests ahead of your child’s, or refuse to follow court orders, it can significantly impact parenting time, decision-making responsibility, and even costs awards.
Below are six of the most common mistakes family law lawyers see—and how to avoid them.
1. Refusing Financial Disclosure
One of the biggest mistakes parties make is refusing or delaying financial disclosure.
Many people believe they can negotiate without providing complete financial information. Others intentionally withhold documents because they fear the outcome.
This almost always backfires.
Financial disclosure is the foundation of every family law case involving:
- Child support
- Spousal support
- Property division
- Equalization of Net Family Property
- Section 7 expenses
Courts expect full, honest, and timely disclosure.
Failing to disclose income, bank accounts, investments, business interests, pensions, or debts can result in:
- Court orders compelling disclosure
- Cost penalties
- Negative credibility findings
- Delays
- In serious cases, contempt proceedings
Best Practice
Provide complete disclosure early. Being transparent demonstrates credibility and often helps resolve cases faster and at a lower cost.
2. Withholding the Children From the Other Parent
Few actions damage a parenting case more than withholding children without a legitimate legal reason.
Parents sometimes refuse parenting time because they are:
- Angry with the other parent
- Waiting for child support payments
- Upset over property issues
- Trying to gain leverage
These are not valid reasons.
Children should not become bargaining chips in adult disputes.
Unless there is an immediate safety concern, Ontario courts generally expect children to maintain meaningful relationships with both parents.
Repeatedly denying parenting time may lead the court to conclude that one parent is unwilling to support the child’s relationship with the other parent.
Legitimate Exceptions
There are situations where withholding parenting time may be appropriate, including concerns involving:
- Family violence
- Child abuse
- Serious neglect
- Immediate safety risks
If these concerns exist, speak with a family lawyer immediately before taking action whenever possible.
3. Speaking Badly About the Other Parent
Children should never be placed in the middle of parental conflict.
Unfortunately, many parents make comments such as:
- “Your father doesn’t care about you.”
- “Your mother is lying.”
- “The judge will see what kind of person they are.”
Even subtle criticism can be harmful.
Judges recognize that children benefit from healthy relationships with both parents whenever it is safe and appropriate.
Parents who consistently undermine the other parent’s relationship with the child may lose credibility and, in some cases, parenting time.
Better Approach
Keep adult disputes between adults.
Allow your child to love both parents without guilt or pressure.
4. Sending Angry or Excessive Text Messages
Text messages are frequently used as evidence in family court.
Many parents assume deleted messages disappear forever.
They often do not.
Sending dozens of hostile messages, making threats, insulting the other parent, or engaging in constant arguments can significantly damage your case.
Before sending any message, ask yourself:
Would I be comfortable reading this message aloud in a courtroom?
If the answer is no, don’t send it.
Better Communication
Keep communications:
- Brief
- Respectful
- Child-focused
- Professional
- Necessary
Treat every text message as though a judge will eventually read it.
5. Posting About Your Case on Social Media
Social media has become one of the most common sources of evidence in family law litigation.
Many parents unintentionally damage their own case by posting:
- Complaints about the other parent
- Details of the litigation
- Screenshots of messages
- New relationships
- Expensive vacations while claiming financial hardship
- Videos involving alcohol or reckless behaviour
Even private accounts are rarely truly private.
Friends, family members, or mutual contacts may provide screenshots that later appear in court.
Best Practice
If you are involved in family litigation:
Think before you post.
Better yet, avoid discussing your case online altogether.
6. Ignoring Court Orders
Nothing damages credibility faster than ignoring a court order.
Whether you agree with the order is irrelevant.
Court orders are legally binding until they are changed by the court.
Ignoring an order can lead to:
- Contempt proceedings
- Financial penalties
- Cost awards
- Enforcement proceedings
- Negative findings about your parenting abilities
If circumstances change or an order becomes unworkable, seek legal advice about bringing a motion to vary the order rather than simply refusing to comply.
The Court Is Watching More Than You Think
Many parents focus on proving the other parent is “the bad one.”
In reality, judges often spend just as much time evaluating your own behaviour.
The parent who remains calm, cooperative, child-focused, and respectful generally presents a stronger case than the parent who is constantly fighting.
Good parenting is often demonstrated through actions—not accusations.
Frequently Asked Questions
Can social media really be used in family court?
Yes. Photos, videos, text messages, Facebook posts, Instagram posts, TikTok videos, and other online content may all be used as evidence.
Can I refuse parenting time if child support has not been paid?
Generally, no.
Child support and parenting time are separate legal issues.
What happens if I ignore a court order?
The court may impose financial penalties, award legal costs, or make other orders that negatively affect your case.
Should I communicate only by text?
Text messages create a permanent record and should always remain respectful and focused on the children. In some cases, email or parenting communication applications may be more appropriate.
Speak With an Experienced Ontario Family Lawyer
Every parenting dispute is unique, and one mistake can have lasting consequences.
If you are separating, dealing with parenting issues, or involved in family court, obtaining legal advice early can help you protect your rights and avoid costly errors.
At MFC Lawyers, our experienced Ontario family law team helps parents navigate separation, parenting disputes, child support, decision-making responsibility, and court proceedings with practical advice focused on achieving the best possible outcome for their family.
Contact MFC Lawyers today to schedule a confidential consultation and learn how we can help you move forward with confidence.
This article is authored by Erika MacLeod, an experienced Family Lawyer who is ready to assist you with any questions you may have regarding your separation.
DISCLAIMER: articles provided on this website are intended to provide general information but do not constitute legal advice. We suggest that you consult one of our lawyers if you have a specific legal question or issue.