Enforcing Family Law Agreements - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-21T21:54:15Z

Clicklaw directory link edit

← Older revision		Revision as of 21:54, 21 August 2024
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	===Resources===		===Resources===

	* [https://~~www~~.~~provincialcourt.bc.ca~~/~~downloads/pdf/Financial%20Documents%20in%20a%20Family%20Matter.pdf "~~Financial Documents for Family Court"] from the Provincial Court of BC		* [https://perma.cc/HH6K-8A22 Financial Documents for Family Court] from the Provincial Court of BC
	* [https://~~www~~.~~clicklaw.bc.ca~~/~~resource/4829 "~~Parenting After Separation Handbook: Finances"] from the Justice Education Society of BC		* [https://perma.cc/PAF8-EULG Parenting After Separation Handbook: Finances] from the Justice Education Society of BC
	* [https://~~www~~.~~clicklaw.bc~~.ca/~~resource/1537 "Families Change: Child Support Resources"] video from Justice Education Society of BC and BC Ministry of Attorney General~~		*[https://pas-finances.familieschange.ca/ Parenting After Separation: Finances] online course from the Justice Education Society of BC
	* [https:~~//www.clicklaw.bc.ca/resource/1530 "Separated with Children - Dealing with the~~ Finances~~: Facilitator's Guide"~~] from the Justice Education Society of BC		* [https://www.isoforms.bc.ca/forms-guides/ Interjurisdictional Support Orders: Forms & Guides] from BC Ministry of Attorney General
	* [https://www.~~clicklaw~~.bc.ca/~~resource/1155 "Interjurisdictional Support Orders: Form Support Guide"] from BC Ministry of Attorney General~~
	* [https://www.clicklaw.bc.ca/resource/~~1883 "~~Interjurisdictional Support Orders: Forms & Guides"] from BC Ministry of Attorney General

	{{REVIEWED \| reviewer = [[Beatrice McCutcheon]], 22 November 2023}}		{{REVIEWED \| reviewer = [[Beatrice McCutcheon]], 22 November 2023}}

Nate Russell: /* Resources */

2024-08-21T21:28:57Z

Resources

← Older revision		Revision as of 21:28, 21 August 2024
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	===Resources===		===Resources===

	* [https://www.~~clicklaw~~.bc.ca/~~resource~~/~~4016~~ "Financial Documents for Family Court"] from the Provincial Court of BC		* [https://www.provincialcourt.bc.ca/downloads/pdf/Financial%20Documents%20in%20a%20Family%20Matter.pdf "Financial Documents for Family Court"] from the Provincial Court of BC
	* [https://www.clicklaw.bc.ca/resource/4829 "Parenting After Separation Handbook: Finances"] from the Justice Education Society of BC		* [https://www.clicklaw.bc.ca/resource/4829 "Parenting After Separation Handbook: Finances"] from the Justice Education Society of BC
	* [https://www.clicklaw.bc.ca/resource/1537 "Families Change: Child Support Resources"] video from Justice Education Society of BC and BC Ministry of Attorney General		* [https://www.clicklaw.bc.ca/resource/1537 "Families Change: Child Support Resources"] video from Justice Education Society of BC and BC Ministry of Attorney General

Nate Russell: Clicklaw directory link edit

2024-08-21T20:03:05Z

Clicklaw directory link edit

← Older revision		Revision as of 20:03, 21 August 2024
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	People who sign a family law agreement are signing a ''contract''. A contract is an agreement between two or more people that creates an obligation to do or to not do something. Other kinds of contracts include the rental agreement a tenant has with a landlord, the lease agreement you might have with a car company, or the purchase agreement you might have with the people from whom you've bought a house. Contracts can be enforced by the courts when someone doesn't do what the contract requires of them; in fact, that's the whole point of having a contract. You want a document that describes your legal obligations to each other and you want to have a way of making the other party do what they're supposed to do.		People who sign a family law agreement are signing a ''contract''. A contract is an agreement between two or more people that creates an obligation to do or to not do something. Other kinds of contracts include the rental agreement a tenant has with a landlord, the lease agreement you might have with a car company, or the purchase agreement you might have with the people from whom you've bought a house. Contracts can be enforced by the courts when someone doesn't do what the contract requires of them; in fact, that's the whole point of having a contract. You want a document that describes your legal obligations to each other and you want to have a way of making the other party do what they're supposed to do.

	This section discusses how family law agreements can be enforced by the courts and by the [https://www.~~clicklaw.bc~~.ca/~~helpmap/service/1082~~ BC Family Maintenance Agency] (BCFMA), an agency of the provincial government that can help with the enforcement of agreements for the payment of child support and spousal support. The BCFMA used to be called FMEP, and may still be called that since it operated for decades as the Family Maintenance Enforcement Program.		This section discusses how family law agreements can be enforced by the courts and by the [https://www.bcfma.ca/ BC Family Maintenance Agency] (BCFMA), an agency of the provincial government that can help with the enforcement of agreements for the payment of child support and spousal support. The BCFMA used to be called FMEP, and may still be called that since it operated for decades as the Family Maintenance Enforcement Program.

	==Introduction==		==Introduction==
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	===Links===		===Links===

	* [~~http~~://~~www.clicklaw~~.bc.ca/~~resource~~/~~1242~~ Enforcing Orders and Agreements for Support] from Dial-a-Law by People's Law School		* [https://dialalaw.peopleslawschool.ca/enforcing-support-orders-and-agreements/ Enforcing Orders and Agreements for Support] from Dial-a-Law by People's Law School
	* [~~http~~://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Enforcing Support] website from the Department of Justice		* [https://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Enforcing Support] website from the Department of Justice
	* [~~http~~://www.justice.gc.ca/eng/fl-df/enforce-execution/enforce-execut.html Provincial and Territorial Information on Interjurisdictional and International Support Order Enforcement] website from the Department of Justice		* [https://www.justice.gc.ca/eng/fl-df/enforce-execution/enforce-execut.html Provincial and Territorial Information on Interjurisdictional and International Support Order Enforcement] website from the Department of Justice
	* [https://www.bcfma.ca/ BC Family Maintenance Agency website]		* [https://www.bcfma.ca/ BC Family Maintenance Agency website]
	* [https://~~clicklaw~~.bc.ca/~~resource~~/~~1618 Child &~~ spousal support] from Legal Aid BC		* [https://family.legalaid.bc.ca/finances-support/child-spousal-support/child-support/bc-family-maintenance-agency Family Maintenance Agency] information from Legal Aid BC
	**See "Family Maintenance Agency"
	* [https://bit.ly/3QNOw1X Personal Property Registry website]		* [https://bit.ly/3QNOw1X Personal Property Registry website]
	* [https://family.legalaid.bc.ca/bc-legal-system/court-orders/enforce-order-or-agreement-made-bc Enforce an order or agreement made in BC] from Legal Aid BC		* [https://family.legalaid.bc.ca/bc-legal-system/court-orders/enforce-order-or-agreement-made-bc Enforce an order or agreement made in BC] from Legal Aid BC
	* [https://dialalaw.peopleslawschool.ca/child-support/ Child Support] from Dial-a-Law by the People's Law School		* [https://dialalaw.peopleslawschool.ca/child-support/ Child Support] from Dial-a-Law by the People's Law School
	* [https://www.~~clicklaw~~.bc.ca/~~resource~~/~~4667 Court orders & hearings] from Legal Aid BC~~		* [https://www.justice.gc.ca/eng/fl-df/fact2-fiches2.html Income Disclosure for Child Support Purposes Fact Sheet] from the Department of Justice
	* [https:/~~/www~~.~~clicklaw.bc.ca/resource/4341~~ Income Disclosure for Child Support Purposes] from ~~Canada~~ Department of Justice		* [https://www.isoforms.bc.ca/ Interjurisdictional Support Orders] from BC Ministry of Attorney General
	* [https://www.isoforms.bc.ca~~/selecting-forms~~/ Interjurisdictional Support Orders~~: FormSelect~~] from BC Ministry of Attorney General

	===Resources===		===Resources===

Nate Russell at 21:20, 12 January 2024

2024-01-12T21:20:53Z

← Older revision		Revision as of 21:20, 12 January 2024
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	{{JP Boyd on Family Law TOC\|expanded = agreements}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = agreements}}{{JPBOFL Editor Badge
			\|CoAuthor = [[Beatrice McCutcheon]]
	\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]		\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]
	}}		}}
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	People who sign a family law agreement are signing a ''contract''. A contract is an agreement between two or more people that creates an obligation to do or to not do something. Other kinds of contracts include the rental agreement a tenant has with a landlord, the lease agreement you might have with a car company, or the purchase agreement you might have with the people from whom you've bought a house. Contracts can be enforced by the courts when someone doesn't do what the contract requires of them; in fact, that's the whole point of having a contract. You want a document that describes your legal obligations to each other and you want to have a way of making the other party do what they're supposed to do.		People who sign a family law agreement are signing a ''contract''. A contract is an agreement between two or more people that creates an obligation to do or to not do something. Other kinds of contracts include the rental agreement a tenant has with a landlord, the lease agreement you might have with a car company, or the purchase agreement you might have with the people from whom you've bought a house. Contracts can be enforced by the courts when someone doesn't do what the contract requires of them; in fact, that's the whole point of having a contract. You want a document that describes your legal obligations to each other and you want to have a way of making the other party do what they're supposed to do.

	This section discusses how family law agreements can be enforced by the courts and by the [https://www.clicklaw.bc.ca/helpmap/service/1082 Family Maintenance ~~Enforcement Program~~], an agency of the provincial government that can help with the enforcement of agreements for the payment of child support and spousal support.		This section discusses how family law agreements can be enforced by the courts and by the [https://www.clicklaw.bc.ca/helpmap/service/1082 BC Family Maintenance Agency] (BCFMA), an agency of the provincial government that can help with the enforcement of agreements for the payment of child support and spousal support. The BCFMA used to be called FMEP, and may still be called that since it operated for decades as the Family Maintenance Enforcement Program.

	==Introduction==		==Introduction==
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	====Orders about child support and spousal support====		====Orders about child support and spousal support====

	Under sections 148 and 163 of the ''[[Family Law Act]]'', an agreement about child support or spousal support that has been filed in court can also be enforced under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' and the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''. Filing an agreement with the Family Maintenance ~~Enforcement Program~~ can be very helpful, as the program provides its services for free and can take some steps, like seizing passports and driver's licences, that lawyers can't.		Under sections 148 and 163 of the ''[[Family Law Act]]'', an agreement about child support or spousal support that has been filed in court can also be enforced under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' and the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''. Filing an agreement with the Family Maintenance Agency can be very helpful, as the program provides its services for free and can take some steps, like seizing passports and driver's licences, that lawyers can't.

	Agreements about child support or spousal support made outside of British Columbia can be filed in court here under the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'', and then be enforced under the ''Family Maintenance Enforcement Act''.		Agreements about child support or spousal support made outside of British Columbia can be filed in court here under the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'', and then be enforced under the ''Family Maintenance Enforcement Act''.
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	====Orders about property====		====Orders about property====

	Under section 99 of the ''[[Family Law Act]]'', a party to a family law agreement about property can file a Notice of Agreement in the Land Title Office that will be registered as a charge on the title of a property under the ''[~~http~~://canlii.ca/t/8456 Land Title Act].'' This will stop the property from being sold or mortgaged until the Notice of Agreement is cancelled.		Under section 99 of the ''[[Family Law Act]]'', a party to a family law agreement about property can file a Notice of Agreement in the Land Title Office that will be registered as a charge on the title of a property under the ''[https://canlii.ca/t/8456 Land Title Act].'' This will stop the property from being sold or mortgaged until the Notice of Agreement is cancelled.

	Not all homes are houses attached to a piece of land. Under section 100 of the act, a party to a family law agreement about a ''manufactured home'' (a structure like a trailer home that is designed to be towed or carried from one place to another) can file a Financing Statement in the [~~http~~://~~www~~.~~bcregistryservices.gov.bc.ca/bcreg~~/~~pprpg/ppinfo.page~~ Personal Property Registry] that will be registered against the manufactured home under the ''[~~http~~://canlii.ca/t/8495 Personal Property Security Act]''. This will stop the manufactured home from being sold until the Financing Statement is cancelled.		Not all homes are houses attached to a piece of land. Under section 100 of the act, a party to a family law agreement about a ''manufactured home'' (a structure like a trailer home that is designed to be towed or carried from one place to another) can file a Financing Statement in the [https://bit.ly/3QNOw1X Personal Property Registry] that will be registered against the manufactured home under the ''[https://canlii.ca/t/8495 Personal Property Security Act]''. This will stop the manufactured home from being sold until the Financing Statement is cancelled.

	==Agreements about the care of children==		==Agreements about the care of children==
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	When a payor falls behind in their support payments as required by an agreement, or stops making them altogether, they are in ''arrears'' of support. The good news is that terms about the payment of child support and spousal support are often the easiest parts of an agreement to enforce.		When a payor falls behind in their support payments as required by an agreement, or stops making them altogether, they are in ''arrears'' of support. The good news is that terms about the payment of child support and spousal support are often the easiest parts of an agreement to enforce.

	Once an agreement about support is filed in court, the agreement can be enforced using the general and extraordinary enforcement powers under the ''[[Family Law Act]]''. Under section 148 of the act, filed agreements about child support can also be enforced by the ~~provincial~~ [~~http~~://www.~~fmep.gov.bc~~.ca/ Family Maintenance ~~Enforcement Program~~]. The ~~program~~ can enforce agreements about spousal support under section 163.		Once an agreement about support is filed in court, the agreement can be enforced using the general and extraordinary enforcement powers under the ''[[Family Law Act]]''. Under section 148 of the act, filed agreements about child support can also be enforced by the [https://www.bcfma.ca/ BC Family Maintenance Agency]. The agency can enforce agreements about spousal support under section 163.

	The Family Maintenance ~~Enforcement Program is~~ a free service that can be very effective in encouraging payors to meet their obligations and monitoring their ongoing payments. ~~The~~ program has a number of tools to collect arrears of support, including a number of tools that aren't available to lawyers who are trying to collect arrears, including seizing payors' passports and driver's licences.		The Family Maintenance Agency has a free service that can be very effective in encouraging payors to meet their obligations and monitoring their ongoing payments. Their program has a number of tools to collect arrears of support, including a number of tools that aren't available to lawyers who are trying to collect arrears, including seizing payors' passports and driver's licences.

	==Agreements about property and debt==		==Agreements about property and debt==
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	* ''[https://canlii.ca/t/8q3k Family Law Act]''		* ''[https://canlii.ca/t/8q3k Family Law Act]''
	* ''[https://canlii.ca/t/551f9 Divorce Act]''		* ''[https://canlii.ca/t/551f9 Divorce Act]''
	* ''[~~http~~://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''		* ''[https://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''
	* ''[~~http~~://canlii.ca/t/840m Family Maintenance Enforcement Act]''		* ''[https://canlii.ca/t/840m Family Maintenance Enforcement Act]''
	* ''[~~http~~://canlii.ca/t/84h5 Court Order Enforcement Act]''		* ''[https://canlii.ca/t/84h5 Court Order Enforcement Act]''
	* ''[~~http~~://canlii.ca/t/8456 Land Title Act]''		* ''[https://canlii.ca/t/8456 Land Title Act]''
	* ''[~~http~~://canlii.ca/t/8495 Personal Property Security Act]''		* ''[https://canlii.ca/t/8495 Personal Property Security Act]''

	===Links===		===Links===
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	* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Enforcing Support] website from the Department of Justice		* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Enforcing Support] website from the Department of Justice
	* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/enforce-execut.html Provincial and Territorial Information on Interjurisdictional and International Support Order Enforcement] website from the Department of Justice		* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/enforce-execut.html Provincial and Territorial Information on Interjurisdictional and International Support Order Enforcement] website from the Department of Justice
	* [~~http~~://www.~~fmep.gov.bc~~.ca/ Family Maintenance ~~Enforcement Program~~ website]		* [https://www.bcfma.ca/ BC Family Maintenance Agency website]
	* [http://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]
	* [https://clicklaw.bc.ca/resource/1618 Child & spousal support] from Legal Aid BC		* [https://clicklaw.bc.ca/resource/1618 Child & spousal support] from Legal Aid BC
	**See "Family Maintenance ~~Enforcement Program~~"		**See "Family Maintenance Agency"
	* [~~http~~://~~www.bcregistryservices.gov.bc~~.ca/~~bcreg/pprpg/ppinfo.page~~ Personal Property Registry website]		* [https://bit.ly/3QNOw1X Personal Property Registry website]
	* [https://www.clicklaw.bc.ca/resource/4005 Family Maintenance Enforcement Program: Enforcing Orders Outside BC] from the BC Ministry of Attorney General
	* [https://family.legalaid.bc.ca/bc-legal-system/court-orders/enforce-order-or-agreement-made-bc Enforce an order or agreement made in BC] from Legal Aid BC		* [https://family.legalaid.bc.ca/bc-legal-system/court-orders/enforce-order-or-agreement-made-bc Enforce an order or agreement made in BC] from Legal Aid BC
	* [https://dialalaw.peopleslawschool.ca/child-support/ Child Support] from Dial-a-Law by the People's Law School		* [https://dialalaw.peopleslawschool.ca/child-support/ Child Support] from Dial-a-Law by the People's Law School
	* [https://www.clicklaw.bc.ca/resource/4667 Court orders & hearings] from Legal Aid BC		* [https://www.clicklaw.bc.ca/resource/4667 Court orders & hearings] from Legal Aid BC
	* [https://www.clicklaw.bc.ca/resource/4341 Income Disclosure for Child Support Purposes] from Canada Department of Justice		* [https://www.clicklaw.bc.ca/resource/4341 Income Disclosure for Child Support Purposes] from Canada Department of Justice
	* [https://www.~~clicklaw~~.bc.ca/~~resource~~/~~1154~~ Interjurisdictional Support Orders: FormSelect] from BC Ministry of Attorney General		* [https://www.isoforms.bc.ca/selecting-forms/ Interjurisdictional Support Orders: FormSelect] from BC Ministry of Attorney General

	===Resources===		===Resources===
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	* [https://www.clicklaw.bc.ca/resource/1883 "Interjurisdictional Support Orders: Forms & Guides"] from BC Ministry of Attorney General		* [https://www.clicklaw.bc.ca/resource/1883 "Interjurisdictional Support Orders: Forms & Guides"] from BC Ministry of Attorney General

	{{REVIEWED \| reviewer = [[~~JP Boyd~~]], ~~March 21, 2021~~}}		{{REVIEWED \| reviewer = [[Beatrice McCutcheon]], 22 November 2023}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Nate Russell: From staging June 2022

2022-06-27T15:47:21Z

From staging June 2022

Show changes

Nate Russell: /* Links */

2019-08-08T17:59:50Z

Links

← Older revision		Revision as of 17:59, 8 August 2019
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	===Links===		===Links===

	* [http://www.clicklaw.bc.ca/resource/1242 ~~Canadian Bar Association BC Branch:~~ Script ~~on enforcing orders~~ and ~~agreements~~ for ~~support~~]		* [http://www.clicklaw.bc.ca/resource/1242 Dial-A-Law Script "Enforcing Orders and Agreements for Support"]
	* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice~~: About support enforcement~~]		* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice's website "Enforcing Support"]
	* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/enforce-execut.html Department of Justice: Provincial and Territorial Information on Interjurisdictional and International Support Order Enforcement]		* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/enforce-execut.html Department of Justice: Provincial and Territorial Information on Interjurisdictional and International Support Order Enforcement]
	* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]		* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]

Corinne Shortridge: /* Links */

2019-07-16T18:27:26Z

Links

← Older revision		Revision as of 18:27, 16 July 2019
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	* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]		* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]
	* [http://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]		* [http://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]
	* [~~http~~://~~familylaw.lss~~.bc.ca/~~finances-support/child-spousal-support~~/~~family-maintenance-enforcement-program~~ Legal Services Society’s Family Law website: Family Maintenance Enforcement Program]		* [https://clicklaw.bc.ca/resource/1618 Legal Services Society’s Family Law website's information page "Child & spousal support"]
			**See "Family Maintenance Enforcement Program"
	* [http://www.bcregistryservices.gov.bc.ca/bcreg/pprpg/ppinfo.page Personal Property Registry website]		* [http://www.bcregistryservices.gov.bc.ca/bcreg/pprpg/ppinfo.page Personal Property Registry website]

Nate Russell at 20:36, 2 July 2019

2019-07-02T20:36:16Z

← Older revision		Revision as of 20:36, 2 July 2019
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	The court can enforce agreements for parenting time or contact using its extraordinary power to jail someone, as well as certain other extraordinary powers intended for problems like these. Under section 231(4), where a guardian withholds parenting time or contact, the court can require a police officer to take the child to the person entitled to parenting time or contact. Under section 231(5), where a person with contact refuses to return the child to their guardian, the court can require a police officer to take the child to their guardian.		The court can enforce agreements for parenting time or contact using its extraordinary power to jail someone, as well as certain other extraordinary powers intended for problems like these. Under section 231(4), where a guardian withholds parenting time or contact, the court can require a police officer to take the child to the person entitled to parenting time or contact. Under section 231(5), where a person with contact refuses to return the child to their guardian, the court can require a police officer to take the child to their guardian.

	Under section 62(2), the denial of parenting time or contact is not wrongful if:		Under section 62(2), the denial of parenting time or contact is not wrongful under the following circumstances:

	<blockquote><tt>(a) the guardian reasonably believed the child might suffer family violence if the parenting time or contact with the child were exercised;</tt></blockquote>		<blockquote><tt>(a) the guardian reasonably believed the child might suffer family violence if the parenting time or contact with the child were exercised;</tt></blockquote>

Nate Russell at 20:27, 2 July 2019

2019-07-02T20:27:46Z

Corinne Shortridge: /* Links */

2019-06-24T19:32:55Z

Links

← Older revision		Revision as of 19:32, 24 June 2019
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	* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]		* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]
	* [http://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]		* [http://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]
	* [http://familylaw.lss.bc.ca/finances-support/child-spousal-support/family-maintenance-enforcement-program Legal Services Society’s Family Law ~~Website~~: Family Maintenance Enforcement Program]		* [http://familylaw.lss.bc.ca/finances-support/child-spousal-support/family-maintenance-enforcement-program Legal Services Society’s Family Law website: Family Maintenance Enforcement Program]
	* [http://www.bcregistryservices.gov.bc.ca/bcreg/pprpg/ppinfo.page Personal Property Registry website]		* [http://www.bcregistryservices.gov.bc.ca/bcreg/pprpg/ppinfo.page Personal Property Registry website]

← Older revision		Revision as of 20:27, 2 July 2019
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	When someone who has signed a family law agreement doesn't do the things the agreement requires, that person is ''in breach'' of the agreement. In family law, unlike the law about commercial contracts, a party to an agreement can breach just part of the agreement without being considered to be in breach of the whole agreement. As a result, when someone breaches just a part of a family law agreement, the other party isn't allowed to treat the entire agreement as having been rejected by the breaching party, no matter how important the breach was, and the agreement continues to be binding on both parties.		When someone who has signed a family law agreement doesn't do the things the agreement requires, that person is ''in breach'' of the agreement. In family law, unlike the law about commercial contracts, a party to an agreement can breach just part of the agreement without being considered to be in breach of the whole agreement. As a result, when someone breaches just a part of a family law agreement, the other party isn't allowed to treat the entire agreement as having been rejected by the breaching party, no matter how important the breach was, and the agreement continues to be binding on both parties.

	The ''[[Family Law Act]]'' says this about family law agreements at s. 6:		The ''[[Family Law Act]]'' says this about family law agreements at section 6:

	<blockquote><tt>(1) Subject to this Act, 2 or more persons may make an agreement</tt></blockquote>		<blockquote><tt>(1) Subject to this Act, 2 or more persons may make an agreement</tt></blockquote>
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	====General enforcement power====		====General enforcement power====

	Under s. 230 of the ''[[Family Law Act]]'', the court can enforce an order (or agreement) by requiring a person:		Under section 230 of the ''[[Family Law Act]]'', the court can enforce an order (or agreement) by requiring a person:

	*to post security, usually by paying a sum of money into court,		*to post security, usually by paying a sum of money into court,
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	====Extraordinary enforcement power====		====Extraordinary enforcement power====

	Under s. 231 of the act, when no other order will be sufficient to make someone comply with an order (or agreement), the court can enforce the order (or agreement) by imprisoning the breaching party for up to 30 days.		Under section 231 of the act, when no other order will be sufficient to make someone comply with an order (or agreement), the court can enforce the order (or agreement) by imprisoning the breaching party for up to 30 days.

	This provision applies to agreements about parental responsibilities, parenting time, contact, child support, and spousal support.		This provision applies to agreements about parental responsibilities, parenting time, contact, child support, and spousal support.
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	====Orders about child support and spousal support====		====Orders about child support and spousal support====

	Under ~~ss.~~ 148 and 163 of the ''Family Law Act'', an agreement about child support or spousal support that has been filed in court can also be enforced under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' and the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''.		Under sections 148 and 163 of the ''Family Law Act'', an agreement about child support or spousal support that has been filed in court can also be enforced under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' and the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''.

	Agreements about child support or spousal support made outside of British Columbia can be filed in court under the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'', and then be enforced under the ''Family Maintenance Enforcement Act''.		Agreements about child support or spousal support made outside of British Columbia can be filed in court under the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'', and then be enforced under the ''Family Maintenance Enforcement Act''.
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	====Orders about property====		====Orders about property====

	Under s. 99 of the ''[[Family Law Act]]'', a party to a family law agreement about property can file a Notice of Agreement in the Land Title Office that will be registered as a charge on the title of a property under the ''[http://canlii.ca/t/8456 Land Title Act].'' This will stop the property from being transferred or mortgaged until the Notice of Agreement is cancelled.		Under section 99 of the ''[[Family Law Act]]'', a party to a family law agreement about property can file a Notice of Agreement in the Land Title Office that will be registered as a charge on the title of a property under the ''[http://canlii.ca/t/8456 Land Title Act].'' This will stop the property from being transferred or mortgaged until the Notice of Agreement is cancelled.

	Under s. 100 of the act, a party to a family law agreement about a manufactured home can file a Financing Statement in the [http://www.bcregistryservices.gov.bc.ca/bcreg/pprpg/ppinfo.page Personal Property Registry] that will be registered against the manufactured home under the ''[http://canlii.ca/t/8495 Personal Property Security Act]''. This will stop the manufactured home from being transferred until the Financing Statement is cancelled.		Not all homes are houses attached to a piece of land. Under section 100 of the act, a party to a family law agreement about a ''manufactured home'' (a structure like a trailer home that is designed to be towed or carried from one place to another) can file a Financing Statement in the [http://www.bcregistryservices.gov.bc.ca/bcreg/pprpg/ppinfo.page Personal Property Registry] that will be registered against the manufactured home under the ''[http://canlii.ca/t/8495 Personal Property Security Act]''. This will stop the manufactured home from being transferred until the Financing Statement is cancelled.

	==Agreements about the care of children==		==Agreements about the care of children==
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	===Parental responsibilities===		===Parental responsibilities===

	An agreement about parental responsibilities can be filed in court under s. 44(3) of the ''Family Law Act'' and be enforced through the act's general and extraordinary enforcement powers.		An agreement about parental responsibilities can be filed in court under section 44(3) of the ''Family Law Act'' and be enforced through the act's general and extraordinary enforcement powers.

	===Parenting time and contact===		===Parenting time and contact===

	A written agreement about parenting time can be filed in court under s. 44(3); a written agreement about contact with a child can be filed in court under s. 58(3). These agreements can be enforced through the specific enforcement powers found in ~~ss.~~ 61 and 63, as well as the act's extraordinary enforcement powers.		A written agreement about parenting time can be filed in court under section 44(3); a written agreement about contact with a child can be filed in court under section 58(3). These agreements can be enforced through the specific enforcement powers found in sections 61 and 63, as well as the act's extraordinary enforcement powers.

	====Denial of parenting time or contact====		====Denial of parenting time or contact====

	Under s. 61, where someone has been ''wrongfully denied'' parenting time or contact in the previous 12 months, the court can:		Under section 61, where someone has been ''wrongfully denied'' parenting time or contact in the previous 12 months, the court can:

	<blockquote><tt>(a) require the parties to participate in family dispute resolution;</tt></blockquote>		<blockquote><tt>(a) require the parties to participate in family dispute resolution;</tt></blockquote>
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	<blockquote><blockquote><tt>(ii) a fine not exceeding $5 000.</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(ii) a fine not exceeding $5 000.</tt></blockquote></blockquote>

	The court can enforce agreements for parenting time or contact using its extraordinary power to jail someone, as well as certain other extraordinary powers intended for problems like these. Under s. 231(4), where a guardian withholds parenting time or contact, the court can require a police officer to take the child to the person entitled to parenting time or contact. Under s. 231(5), where a person with contact refuses to return the child to their guardian, the court can require a police officer to take the child to their guardian.		The court can enforce agreements for parenting time or contact using its extraordinary power to jail someone, as well as certain other extraordinary powers intended for problems like these. Under section 231(4), where a guardian withholds parenting time or contact, the court can require a police officer to take the child to the person entitled to parenting time or contact. Under section 231(5), where a person with contact refuses to return the child to their guardian, the court can require a police officer to take the child to their guardian.

	Under s. 62(2), the denial of parenting time or contact is not wrongful if:		Under section 62(2), the denial of parenting time or contact is not wrongful if:

	<blockquote><tt>(a) the guardian reasonably believed the child might suffer family violence if the parenting time or contact with the child were exercised;</tt></blockquote>		<blockquote><tt>(a) the guardian reasonably believed the child might suffer family violence if the parenting time or contact with the child were exercised;</tt></blockquote>
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	====Failure to exercise parenting time or contact====		====Failure to exercise parenting time or contact====

	Under s. 63, where someone "fails repeatedly" to exercise a right of parenting time or contact under an agreement, the court can:		Under section 63, where someone "fails repeatedly" to exercise a right of parenting time or contact under an agreement, the court can:

	*require the parties to attend a course of dispute resolution,		*require the parties to attend a course of dispute resolution,
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	When a payor falls behind in their support payments as required by an agreement, or stops making them altogether, they are said to be in ''arrears'' of support. Support is often the easiest part of an agreement to enforce.		When a payor falls behind in their support payments as required by an agreement, or stops making them altogether, they are said to be in ''arrears'' of support. Support is often the easiest part of an agreement to enforce.

	Once an agreement is filed in court, under s. 148 of the ''[[Family Law Act]]'' for child support and s. 163 for spousal support, the agreement can be enforced through the act's general and extraordinary enforcement powers. Filed agreements can also be enforced by the provincial [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program]. This is a free service that can be very effective in forcing a payor to meet their obligations and monitor ongoing payments.		Once an agreement is filed in court, under section 148 of the ''[[Family Law Act]]'' for child support and section 163 for spousal support, the agreement can be enforced through the act's general and extraordinary enforcement powers. Filed agreements can also be enforced by the provincial [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program]. This is a free service that can be very effective in forcing a payor to meet their obligations and monitor ongoing payments.

	==Agreements about property and debt==		==Agreements about property and debt==