Difference between revisions of "Enforcing Orders in Family Matters"
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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 | 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 | 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 | 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 | 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 | 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> | ||