Enforcing Orders in Family Matters - Revision history

Nate Russell: Replaced content with "Select: * Enforcing BC Supreme Court Orders, or * Enforcing Provincial Court Orders"

2025-04-02T19:58:44Z

Replaced content with "Select: * Enforcing BC Supreme Court Orders, or * Enforcing Provincial Court Orders"

Nate Russell at 23:08, 26 June 2024

2024-06-26T23:08:32Z

← Older revision		Revision as of 23:08, 26 June 2024
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	{{JP Boyd on Family Law TOC\|expanded = incourt}}{{JPBOFL Editor Badge		{{DEMOWARNING}}{{JP Boyd on Family Law TOC\|expanded = incourt}}{{JPBOFL Editor Badge
	\|ChapterEditors = [[Shannon Aldinger]] and [[Julie Brown]]		\|ChapterEditors = [[Shannon Aldinger]] and [[Julie Brown]]
	}}		}}

Nate Russell at 20:11, 22 November 2022

2022-11-22T20:11:07Z

← Older revision		Revision as of 20:11, 22 November 2022
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	{{REVIEWED \| reviewer = [[JP Boyd~~\|JP Boyd KC~~]], August 25, 2022}}		{{REVIEWED \| reviewer = [[JP Boyd]], August 25, 2022}}

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

Nate Russell: From staging Aug 2022 (follow up changes)

2022-11-22T20:10:11Z

From staging Aug 2022 (follow up changes)

← Older revision		Revision as of 20:10, 22 November 2022
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	}}		}}

	Having an order in a family law court proceeding is one thing; whether or not the terms of that order are followed is another. Although most people are prepared to follow the court orders they are bound by, when someone fails to honour their obligations, steps must be taken to ~~secure~~ compliance and enforce the order.		Having an order in a family law court proceeding is one thing; whether or not the terms of that order are followed is another. Although most people are prepared to follow the court orders they are bound by, when someone fails to honour their obligations, steps must be taken to ensure their compliance and enforce the order.

	This section provides a <span class="noglossary">brief</span> comment on the enforcement of orders generally, and discusses the enforcement of orders for spousal and child support, including the role of the Family Maintenance Enforcement Program (FMEP), and the enforcement of orders for parenting time and contact. This section also looks at contempt of court applications.		This section provides a <span class="noglossary">brief</span> comment on the enforcement of orders generally, and discusses the enforcement of orders for spousal and child support, including the role of the Family Maintenance Enforcement Program (FMEP), and the enforcement of orders for parenting time and contact. This section also looks at contempt of court applications.
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	==Contempt of court==		==Contempt of court==

	If the other party persistently refuses to live up to their obligations under a court order, you may have no choice but to make an application to court for a finding that the other party is in contempt of court. Contempt of court is punishable by a fine, jail time, both a fine and jail time, or by something else altogether, like community service. Both the Supreme Court and the Provincial Court have certain powers to punish someone for breaching their orders under the legislation, as was discussed above, but only the Supreme Court has the power to punish for contempt. Unlike the Provincial Court, the Supreme Court has something called ''inherent jurisdiction'', meaning that the scope of its authority is limited only by our Constitution and the rules of the common law. As a result, the court can punish a party for contempt of court without being confined to the provisions of any particular statute.		If the other party persistently refuses to live up to their obligations under a court order, you may have no choice but to make an application to court for a finding that the other party is "in contempt of court." Contempt of court is punishable by a fine, jail time, both a fine and jail time, or by something else altogether, like community service. Both the Supreme Court and the Provincial Court have certain powers to punish someone for breaching their orders under the legislation, as was discussed above, but only the Supreme Court has the power to punish for contempt.

	~~The rule governing~~ contempt ~~applications~~ is ~~Rule 21-7 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. You can bring~~ an application for a ~~contempt finding under~~ the ~~normal rules governing interim applications~~. ~~The only difference~~ is that ~~you must personally serve the other~~ person ~~with your Notice of Application and other materials~~ for ~~the contempt application. See [[How Do I Personally Serve Someone with Legal Documents?]] in the Helpful Guides & Common Questions part of this resource~~, in ~~the section Other Litigation Issues~~.		A "contempt application" is an application for an order that someone be found in contempt of court because they have intentionally breached a court order, either by not doing something that the order requires them to do or by doing something that the order says they must not do. If the court decides that someone is in contempt of court, it can also decide to punish that person by, for example, ordering that they pay a fine, spend time in jail and do community service.

	. ~~You can'~~t ~~simply mail or fax a~~ contempt application to the ~~other party's address for service~~. ~~You will need to show the court~~:		The Supreme Court decision in the 2012 case of [https://canlii.ca/t/fwd2h Neufeld v Nesbitt] summarizes the principles governing contempt application described by the Court of Appeal in an earlier decision, [https://canlii.ca/t/fwd2h Larkin v Glase], from 2009:

	#the ~~terms~~ of the ~~order you say were breached~~,		<blockquote>[20] The case of Larkin v. Glase, 2009 BCCA 321, sets out the following principles of contempt of court:
	~~#how~~ the ~~order was breached,~~		* A court order must be obeyed until and unless it is reversed. Refusal to obey court orders strikes at the heart of the rule of law, at the core of the organization of our society. If court orders can be disregarded with impunity, no one will be safe. Our free society cannot be sustained if citizens can decide individually what laws to obey and what laws to disregard.
	#that the ~~other party intended~~ to ~~breach~~ the order, and		* Contempt of court is an issue between a party and the court. It is not concerned with the merits of the dispute between parties to litigation.
	#the ~~harm resulting from~~ the ~~breach~~.		* A finding of contempt of court "transcends the dispute between the parties; it is one that strikes at the very heart of the administration of justice."
			*To knowingly breach a court order is to commit a contempt of the court. All that is necessary to establish the contempt is proof of deliberate conduct that has the effect of contravening the order; an intent to bring the Court into disrepute or to interfere with the due course of justice or with the lawful process of the Court is not an essential element of civil contempt.
			*The primary objective of the civil law sanction for contempt is to secure compliance with the courts' orders rather than punishment.
			*Deterrence and rehabilitation are factors relevant to securing compliance with court orders.
			*Generally incarceration is reserved for the more serious contempt of court.
			*It must always be borne in mind that the sanction of imprisonment is a power that ought to be used sparingly.
			*When imprisonment is imposed, the term imposed should be the least amount of time possible in the circumstances of the offender and the nature of the contempt.
			</blockquote>

	Because the consequences of a finding of contempt can include jail, the court will be very particular about how the application is prepared and presented. You may want to consider consulting with a lawyer about ~~process~~ and ~~procedure~~ and the legal test to prove contempt before you start working on your materials.		The people found to be in contempt of court in the Neufeld and Larkin cases were sent to jail, and both of these cases were family law cases. However, the actions of these people were very serious; the court rarely sends people to jail for contempt. The court's primary goal is to get someone who has breached an order to comply with the order. Most of the time, the court will give someone the opportunity to "cure" their contempt by complying with the order before punishing them, or instead give them a warning that future breaches of the order will be dealt with more severely.

			The rule governing contempt applications is Rule 21-7 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. You can bring an application for a finding of contempt under the normal rules governing interim applications. The only difference from the normal rules is that you must personally serve the person with your Notice of Application and other materials for the contempt application, and you can't simply mail or fax the application to the other party's address for service. See [[How Do I Personally Serve Someone with Legal Documents?]] in the Helpful Guides & Common Questions part of this resource, in the section Other Litigation Issues.

			You will need to show the court:

			*the terms of the order you say were breached,
			*exactly how the order was breached,
			*that the other party intended to breach the order, and
			*the harm resulting from the breach.

			Because the consequences of a finding of contempt can include jail, the court will be very particular about how the application is prepared and presented. You may want to consider consulting with a lawyer about processes and procedures, and the legal test to prove contempt, before you start working on your materials.

	==Resources and links==		==Resources and links==
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	{{REVIEWED \| reviewer = [[~~Nate Russell~~]], ~~June 20~~, 2022}}		{{REVIEWED \| reviewer = [[JP Boyd\|JP Boyd KC]], August 25, 2022}}

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

Nate Russell: From staging July 2022

2022-08-03T22:29:18Z

From staging July 2022

← Older revision		Revision as of 22:29, 3 August 2022
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	This section provides a <span class="noglossary">brief</span> comment on the enforcement of orders generally, and discusses the enforcement of orders for spousal and child support, including the role of the Family Maintenance Enforcement Program (FMEP), and the enforcement of orders for parenting time and contact. This section also looks at contempt of court applications.		This section provides a <span class="noglossary">brief</span> comment on the enforcement of orders generally, and discusses the enforcement of orders for spousal and child support, including the role of the Family Maintenance Enforcement Program (FMEP), and the enforcement of orders for parenting time and contact. This section also looks at contempt of court applications.

			If the order you want to enforce is from the Provincial Court, visit Legal Aid BC's Family Law website's guided pathway: [https://family.legalaid.bc.ca/bc-legal-system/court-orders/enforce-order-or-agreement-made-bc/enforce-parenting-agreement-or-0#0 Enforce a parenting agreement or order in Provincial Court].

	==Some preliminary comments==		==Some preliminary comments==
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	Enforcing orders about the care of children can be just as difficult as enforcing orders about support. Orders about the care of children can be enforced under the ''[[Family Law Act]]'', the ''[http://canlii.ca/t/7vf2 Criminal Code]'', the [http://canlii.ca/t/8mcr Supreme Court Family Rules], and, in certain circumstances involving people located outside of Canada, the [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction].		Enforcing orders about the care of children can be just as difficult as enforcing orders about support. Orders about the care of children can be enforced under the ''[[Family Law Act]]'', the ''[http://canlii.ca/t/7vf2 Criminal Code]'', the [http://canlii.ca/t/8mcr Supreme Court Family Rules], and, in certain circumstances involving people located outside of Canada, the [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction].

	Orders about ~~custody~~ and ~~access~~ made here under the ''[[Divorce Act]]'' can be registered and enforced anywhere in Canada.		Orders about parenting time and contact with children made here under the ''[[Divorce Act]]'' can be registered and enforced anywhere in Canada.

	Orders about guardianship, parenting arrangements, and contact made here in BC under the ''Family Law Act'' can be registered and enforced anywhere in Canada.		Orders about guardianship, parenting arrangements, and contact made here in BC under the ''Family Law Act'' can be registered and enforced anywhere in Canada.
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	===''Divorce Act'' orders===		===''Divorce Act'' orders===

	Orders for ~~custody~~ and ~~access~~ made under the federal ''Divorce Act'' are enforced under provincial laws. However, they can't be enforced under the ''Court Order Enforcement Act'' because that act deals with orders about money and property, and they can't be enforced under the ''Family Law Act'' because that act only allows for the enforcement of its own orders and foreign orders about the care of children.		Orders for parenting time and contact made under the federal ''Divorce Act'' are enforced under provincial laws. However, they can't be enforced under the ''Court Order Enforcement Act'' because that act deals with orders about money and property, and they can't be enforced under the ''Family Law Act'' because that act only allows for the enforcement of its own orders and foreign orders about the care of children.

	These are your options:		These are your options:
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	The Convention also enables access to children across international borders.		The Convention also enables access to children across international borders.

	As of ~~June 11~~, ~~2019~~, the Hague Convention applies between Canada and the following contracting states:		As of April 1, 2020, the Hague Convention applies between Canada and the following contracting states:

	:Albania, Andorra, Argentina, Australia, Austria, Bahamas, Belarus, Belgium, Belize, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark (except the Faroe Islands & Greenland), Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Honduras, Hong Kong (Special Administrative Region of China), Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Macau (Special Administrative Region of China), Former Yugoslav Republic of Macedonia, Malta, Mauritius, Mexico, Republic of Moldova, Monaco, Morocco, the Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Saint Kitts and Nevis, San Marino, Serbia & Montenegro, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Trinidad and Tobago, Turkey, Turkmenistan, Ukraine, United Kingdom, UK Anguilla, UK Bermuda, UK Cayman Islands, UK Falkland Islands, UK Isle of Man, UK Jersey, UK Montserrat, United States of America, Uruguay, Uzbekistan, Venezuela, and Zimbabwe.		:Albania, Andorra, Argentina, Australia, Austria, Bahamas, Belarus, Belgium, Belize, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark (except the Faroe Islands & Greenland), Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Honduras, Hong Kong (Special Administrative Region of China), Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Macau (Special Administrative Region of China), Former Yugoslav Republic of Macedonia, Malta, Mauritius, Mexico, Republic of Moldova, Monaco, Morocco, the Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Romania, Saint Kitts and Nevis, San Marino, Serbia & Montenegro, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Trinidad and Tobago, Turkey, Turkmenistan, Ukraine, United Kingdom, UK Anguilla, UK Bermuda, UK Cayman Islands, UK Falkland Islands, UK Isle of Man, UK Jersey, UK Montserrat, United States of America, Uruguay, Uzbekistan, Venezuela, and Zimbabwe.

	As of ~~June 11~~, ~~2019~~, the following contracting states do not have a reciprocating arrangement with Canada:		As of April 1, 2020, the following contracting states do not have a reciprocating arrangement with Canada:

	:Armenia, Bolivia, Gabon, Guatemala, Guinea, Iraq, Jamaica, Kazakhstan, Lesotho, Nicaragua, Pakistan~~, Republic of Korea~~, Republic of the Philippines, Russian Federation, Seychelles, Thailand, Tunisia, and Republic of Zambia.		:Armenia, Bolivia, Gabon, Guatemala, Guinea, Iraq, Jamaica, Kazakhstan, Lesotho, Nicaragua, Pakistan, Republic of the Philippines, Russian Federation, Seychelles, Thailand, Tunisia, and Republic of Zambia.

	Countries not listed above have elected not to be bound by the Convention.		Countries not listed above have elected not to be bound by the Convention.

	To see if these lists have since been updated, check out: [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/fr_hague].		To see if these lists have since been updated, check out: [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/fr_hague the online list].

	For more general information and the current <span class="noglossary">standing</span> of participating nations, check out the website of the [http://www.hcch.net/index_en.php Hague Conference on Private International Law], which reports on the status of the various Hague Conventions.		For more general information and the current <span class="noglossary">standing</span> of participating nations, check out the website of the [http://www.hcch.net/index_en.php Hague Conference on Private International Law], which reports on the status of the various Hague Conventions.
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	If the other party persistently refuses to live up to their obligations under a court order, you may have no choice but to make an application to court for a finding that the other party is in contempt of court. Contempt of court is punishable by a fine, jail time, both a fine and jail time, or by something else altogether, like community service. Both the Supreme Court and the Provincial Court have certain powers to punish someone for breaching their orders under the legislation, as was discussed above, but only the Supreme Court has the power to punish for contempt. Unlike the Provincial Court, the Supreme Court has something called ''inherent jurisdiction'', meaning that the scope of its authority is limited only by our Constitution and the rules of the common law. As a result, the court can punish a party for contempt of court without being confined to the provisions of any particular statute.		If the other party persistently refuses to live up to their obligations under a court order, you may have no choice but to make an application to court for a finding that the other party is in contempt of court. Contempt of court is punishable by a fine, jail time, both a fine and jail time, or by something else altogether, like community service. Both the Supreme Court and the Provincial Court have certain powers to punish someone for breaching their orders under the legislation, as was discussed above, but only the Supreme Court has the power to punish for contempt. Unlike the Provincial Court, the Supreme Court has something called ''inherent jurisdiction'', meaning that the scope of its authority is limited only by our Constitution and the rules of the common law. As a result, the court can punish a party for contempt of court without being confined to the provisions of any particular statute.

	The rule governing contempt applications is Rule 21-7 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. You can bring an application for a contempt finding under the normal rules governing interim applications. The only difference is that you must personally serve the other person with your Notice of Application and other materials for the contempt application. See [[How Do I Personally Serve Someone with Legal Documents?]] in the ~~''How Do I?''~~ part of this resource. You can't simply mail or fax a contempt application to the other party's address for service. You will need to show the court:		The rule governing contempt applications is Rule 21-7 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. You can bring an application for a contempt finding under the normal rules governing interim applications. The only difference is that you must personally serve the other person with your Notice of Application and other materials for the contempt application. See [[How Do I Personally Serve Someone with Legal Documents?]] in the Helpful Guides & Common Questions part of this resource, in the section Other Litigation Issues.

			. You can't simply mail or fax a contempt application to the other party's address for service. You will need to show the court:

	#the terms of the order you say were breached,		#the terms of the order you say were breached,
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	* ''[[Divorce Act]]''		* ''[[Divorce Act]]''
	* [http://canlii.ca/t/8mcr Supreme Court Family Rules]		* [http://canlii.ca/t/8mcr Supreme Court Family Rules]
	* [http://canlii.ca/t/~~85pb~~ Provincial Court Family Rules]		* [http://canlii.ca/t/b8rn Provincial Court Family Rules]
	* ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]''		* ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]''
	* ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''		* ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''
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	===Resources===		===Resources===
	*''[https://perma.cc/ZAT9-R8ZX Convention on the Civil Aspects of International Child Abduction]''		*''[https://perma.cc/ZAT9-R8ZX Convention on the Civil Aspects of International Child Abduction]''
			* Legal Aid BC's Family Law website's guided pathway on [https://family.legalaid.bc.ca/bc-legal-system/court-orders/enforce-order-or-agreement-made-bc/enforce-parenting-agreement-or-0#0 Enforce a parenting agreement or order in Provincial Court]

	===Links===		===Links===
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	{{REVIEWED \| reviewer = [[~~Shannon Aldinger]] and [[Julie Brown~~]], June 13, ~~2019~~}}		{{REVIEWED \| reviewer = [[Nate Russell]], June 20, 2022}}

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

Nate Russell: /* Links */

2019-08-08T17:57:23Z

Links

← Older revision		Revision as of 17:57, 8 August 2019
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	===Links===		===Links===

	* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/info_cont.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/info_cont.html Department of Justice's website "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]
	* [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://www.hcch.net/index_en.php Hague Conference on Private International Law]		* [http://www.hcch.net/index_en.php Hague Conference on Private International Law]
	*[http://www.clicklaw.bc.ca/resource/4221 Ministry of ~~Justice~~ website on International Child Abduction]		*[http://www.clicklaw.bc.ca/resource/4221 Ministry of Attorney General's website "International Child Abduction FAQs"]
	* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice: Enforcing Support]		* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/index.html Department of Justice's website "Enforcing Support"]
	* [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"]

Nate Russell at 18:40, 30 July 2019

2019-07-30T18:40:44Z

Nate Russell: /* Contempt of court */

2019-07-15T23:09:41Z

Contempt of court

← Older revision		Revision as of 23:09, 15 July 2019
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	If the other party persistently refuses to live up to their obligations under a court order, you may have no choice but to make an application to court for a finding that the other party is in contempt of court. Contempt of court is punishable by a fine, jail time, both a fine and jail time, or by something else altogether, like community service. Both the Supreme Court and the Provincial Court have certain powers to punish someone for breaching their orders under the legislation, as was discussed above, but only the Supreme Court has the power to punish for contempt. Unlike the Provincial Court, the Supreme Court has something called ''inherent jurisdiction'', meaning that the scope of its authority is limited only by our Constitution and the rules of the common law. As a result, the court can punish a party for contempt of court without being confined to the provisions of any particular statute.		If the other party persistently refuses to live up to their obligations under a court order, you may have no choice but to make an application to court for a finding that the other party is in contempt of court. Contempt of court is punishable by a fine, jail time, both a fine and jail time, or by something else altogether, like community service. Both the Supreme Court and the Provincial Court have certain powers to punish someone for breaching their orders under the legislation, as was discussed above, but only the Supreme Court has the power to punish for contempt. Unlike the Provincial Court, the Supreme Court has something called ''inherent jurisdiction'', meaning that the scope of its authority is limited only by our Constitution and the rules of the common law. As a result, the court can punish a party for contempt of court without being confined to the provisions of any particular statute.

	The rule governing contempt applications is Rule 21-7 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. You can bring an application for a contempt finding under the normal rules governing interim applications. The only difference is that you must personally serve the other person with your Notice of Application and other materials for the contempt application. See [How Do I Personally Serve Someone with Legal Documents?]] in the ''How Do I?'' part of this resource. You can't simply mail or fax a contempt application to the other party's address for service. You will need to show the court:		The rule governing contempt applications is Rule 21-7 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. You can bring an application for a contempt finding under the normal rules governing interim applications. The only difference is that you must personally serve the other person with your Notice of Application and other materials for the contempt application. See [[How Do I Personally Serve Someone with Legal Documents?]] in the ''How Do I?'' part of this resource. You can't simply mail or fax a contempt application to the other party's address for service. You will need to show the court:

	#the terms of the order you say were breached,		#the terms of the order you say were breached,

Nate Russell: /* Contempt of court */

2019-07-15T23:09:23Z

Contempt of court

← Older revision		Revision as of 23:09, 15 July 2019
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	If the other party persistently refuses to live up to their obligations under a court order, you may have no choice but to make an application to court for a finding that the other party is in contempt of court. Contempt of court is punishable by a fine, jail time, both a fine and jail time, or by something else altogether, like community service. Both the Supreme Court and the Provincial Court have certain powers to punish someone for breaching their orders under the legislation, as was discussed above, but only the Supreme Court has the power to punish for contempt. Unlike the Provincial Court, the Supreme Court has something called ''inherent jurisdiction'', meaning that the scope of its authority is limited only by our Constitution and the rules of the common law. As a result, the court can punish a party for contempt of court without being confined to the provisions of any particular statute.		If the other party persistently refuses to live up to their obligations under a court order, you may have no choice but to make an application to court for a finding that the other party is in contempt of court. Contempt of court is punishable by a fine, jail time, both a fine and jail time, or by something else altogether, like community service. Both the Supreme Court and the Provincial Court have certain powers to punish someone for breaching their orders under the legislation, as was discussed above, but only the Supreme Court has the power to punish for contempt. Unlike the Provincial Court, the Supreme Court has something called ''inherent jurisdiction'', meaning that the scope of its authority is limited only by our Constitution and the rules of the common law. As a result, the court can punish a party for contempt of court without being confined to the provisions of any particular statute.

	The rule governing contempt applications is Rule 21-7 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. You can bring an application for a contempt finding under the normal rules governing interim applications. The only difference is that you must personally serve the other person with your Notice of Application and ~~affidavit~~ for the contempt application~~; you~~ can't simply mail or fax it to ~~their~~ address for service. You will need to show the court:		The rule governing contempt applications is Rule 21-7 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. You can bring an application for a contempt finding under the normal rules governing interim applications. The only difference is that you must personally serve the other person with your Notice of Application and other materials for the contempt application. See [How Do I Personally Serve Someone with Legal Documents?]] in the ''How Do I?'' part of this resource. You can't simply mail or fax a contempt application to the other party's address for service. You will need to show the court:

	#the terms of the order you say were breached,		#the terms of the order you say were breached,
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	Because the consequences of a finding of contempt can include jail, the court will be very particular about how the application is prepared and presented. You may want to consider consulting with a lawyer about process and procedure and the legal test to prove contempt before you start working on your materials.		Because the consequences of a finding of contempt can include jail, the court will be very particular about how the application is prepared and presented. You may want to consider consulting with a lawyer about process and procedure and the legal test to prove contempt before you start working on your materials.
	~~<!---HIDDEN~~
	~~==Further Reading in this Chapter==~~

	~~Return to the <span style="color: red;">first page</span> in this chapter.~~

	* other chapters
	~~END HIDDEN--->~~

	==Resources and links==		==Resources and links==

Nate Russell: /* Contempt of court */

2019-07-15T22:57:40Z

Contempt of court

← Older revision		Revision as of 22:57, 15 July 2019
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	==Contempt of court==		==Contempt of court==

	If the other party persistently refuses to live up to their obligations under a court order, you may have no choice but to make an application to court for a finding that the other party is in contempt of court. Contempt of court is punishable by a fine, jail time, both a fine and jail time, or by something else altogether, like community service. Both the Supreme Court and the Provincial Court have certain powers to punish someone for breaching their orders under the legislation, as was discussed above, but only the Supreme Court has the power to punish for contempt. Unlike the Provincial Court, the Supreme Court has something called ''~~inherentjurisdiction~~'', meaning that the scope of its authority is limited only by our Constitution and the rules of the common law. As a result, the court can punish a party for contempt of court without being confined to the provisions of any particular statute.		If the other party persistently refuses to live up to their obligations under a court order, you may have no choice but to make an application to court for a finding that the other party is in contempt of court. Contempt of court is punishable by a fine, jail time, both a fine and jail time, or by something else altogether, like community service. Both the Supreme Court and the Provincial Court have certain powers to punish someone for breaching their orders under the legislation, as was discussed above, but only the Supreme Court has the power to punish for contempt. Unlike the Provincial Court, the Supreme Court has something called ''inherent jurisdiction'', meaning that the scope of its authority is limited only by our Constitution and the rules of the common law. As a result, the court can punish a party for contempt of court without being confined to the provisions of any particular statute.

	The rule governing contempt applications is Rule 21-7 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. You can bring an application for a contempt finding under the normal rules governing interim applications. The only difference is that you must personally serve the other person with your Notice of Application and affidavit for the contempt application; you can't simply mail or fax it to their address for service. You will need to show the court:		The rule governing contempt applications is Rule 21-7 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. You can bring an application for a contempt finding under the normal rules governing interim applications. The only difference is that you must personally serve the other person with your Notice of Application and affidavit for the contempt application; you can't simply mail or fax it to their address for service. You will need to show the court:

← Older revision		Revision as of 18:40, 30 July 2019
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	Under the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'', a recipient can seek a Writ of Execution in relation to property owned by the payor under Part 5 of the Act (although only land can be addressed in the Supreme Court). Section 3 of ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' also allows for the attachment of wages, which means that the payor's wages can be garnished to pay the recipient for amounts owing.		Under the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'', a recipient can seek a Writ of Execution in relation to property owned by the payor under Part 5 of the Act (although only land can be addressed in the Supreme Court). Section 3 of ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' also allows for the attachment of wages, which means that the payor's wages can be garnished to pay the recipient for amounts owing.

	Orders for child support and spousal support can also be enforced under the general and extraordinary enforcement provisions found in Division 6 of the ''[[Family Law Act]]''. Under s. 230, the court may require a payor to:		Orders for child support and spousal support can also be enforced under the general and extraordinary enforcement provisions found in Division 6 of the ''[[Family Law Act]]''. Under section 230, the court may require a payor to:

	*post security,		*post security,
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	*pay up to $5,000 to the recipient as a fine.		*pay up to $5,000 to the recipient as a fine.

	Under s. 231 of the act, the court may jail a payor in breach of an order if no other order will secure the payor's compliance. Going to jail will not cancel any arrears that are still owing.		Under section 231 of the act, the court may jail a payor in breach of an order if no other order will secure the payor's compliance. Going to jail will not cancel any arrears that are still owing.

	==Enforcing orders about the care of children==		==Enforcing orders about the care of children==
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	===''Family Law Act'' orders and foreign orders===		===''Family Law Act'' orders and foreign orders===

	Under the ''[[Family Law Act]]'', the court can make orders allocating parenting time among guardians or giving someone who isn't a guardian rights of contact with a child. Foreign orders that are similar to orders for parenting time or contact can be filed in court and, upon being recognized under s. 75 of the act, may be enforced in the same way as orders made in British Columbia.		Under the ''[[Family Law Act]]'', the court can make orders allocating parenting time among guardians or giving someone who isn't a guardian rights of contact with a child. Foreign orders that are similar to orders for parenting time or contact can be filed in court and, upon being recognized under section 75 of the act, may be enforced in the same way as orders made in British Columbia.

	Orders for parenting time and contact are enforced under Part 4 Division 5 of the act. Under these provisions, someone who has been wrongfully denied parenting time or contact may apply to the court and, under s. 61, the court may:		Orders for parenting time and contact are enforced under Part 4 Division 5 of the act. Under these provisions, someone who has been wrongfully denied parenting time or contact may apply to the court and, under section 61, the court may:

	<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>

	However, the <span class="noglossary">denial</span> must have happened within the last year, and the <span class="noglossary">denial</span> must be ''wrongful''. Under s. 62, <span class="noglossary">denial</span> is not wrongful in the following circumstances:		However, the <span class="noglossary">denial</span> must have happened within the last year, and the <span class="noglossary">denial</span> must be ''wrongful''. Under section 62, <span class="noglossary">denial</span> is not wrongful in 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>