Case Law

[Nadia]

Does anyone know of any case law pertaining to a situation whereby one parent simply refuses to engage in any dialogue/communication on a decision in respect to special section seven expenses after repeated efforts being made by the other parent?

I have made every effort to engage the other parent (in writing over several months) but he has simply refused to engage in any kind of dialogue. In the meantime critical decisions have to be made.

I have sole custody, so do not "need" his consent to register the child, but I can not move ahead without some financial commitment from the other parent

Does the lack of response/refusal to respond to several reasonable requests "inviting his thoughts on the matter" constitute as lack of consent?

I have even asked him to let me know if "he has any objections" and again no response. Is there a reasonable expectation that some sort of response should be provided?

Can the other parent argue, "well, your honor I never agreed to this expense (he never objected to it either) so I shouldn't have to contribute."

Or to what extent is the (deliberate) lack of response implied consent?

[OrleansLawyer]

Can the other parent argue, "well, your honor I never agreed to this expense (he never objected to it either) so I shouldn't have to contribute."

He can withhold consent if doing so is reasonable. If it is not, he will have to pay. You are likely going to need to go to court to collect, however.

[Rioe]

Turn it back on him. Say something like "I have tried to discuss this with you on several occasions, and you have registered no objections. Unless I hear from you by X date, I will enroll the child and send you the bill so you can pay me your proportionate share." Maybe send it with an email read confirmation, or by registered mail, so you can prove it was received.

I don't think ignoring the issue and being non-communicative when you've made fair attempts to solicit their opinion is a way to get out of section 7 obligations. I do remember seeing a thread about this not too long ago, but I don't think it was case law.

[Tayken]

Turn it back on him. Say something like "I have tried to discuss this with you on several occasions, and you have registered no objections. Unless I hear from you by X date, I will enroll the child and send you the bill so you can pay me your proportionate share." Maybe send it with an email read confirmation, or by registered mail, so you can prove it was received.

I don't think ignoring the issue and being non-communicative when you've made fair attempts to solicit their opinion is a way to get out of section 7 obligations. I do remember seeing a thread about this not too long ago, but I don't think it was case law.

In support of Rioe's point something to consider in the matter:

Our Family Wizard: An Excellent Tool for Co-Parenting with a High-Conflict Person, Part 1 l Dr Tara J. Palmatier | Shrink4Men

4. Minimize conflict and increase co-parenting transparency.

Many high-conflict parents try to control the other parent (and the children) by withholding information, giving limited information, giving conflicting or false information, withholding information until after an event or appointment has passed and/or withholding information until the last minute. OFW nips this HCP behavior in the bud by providing both a calendar and public journal.

[hadenough]

I wish there was a Wizard to make my ex just disappear :S

Nadia: although I don't use OFW, it is something you should consider. I think OrleansL is correct. You will ultimately have to go to court to collect on his proportional amount because clearly your ex will not cooperate at all.

I totally understand your frustration. You don't need him to agree to sign up for "OFW" so definitely have a look at it. Your implementation of it, and use of it (even in the absence of his involvement) will only serve to strengthen your argument when you bring it to the Court's attention. My ex is the same. Mentality is "ignore it, and it will just go away/cease to exist."