Difference between revisions of "Enforcing Orders in Family Matters"
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The page will provide a brief comment on the enforcement of orders generally, and discuss the enforcement of orders for spousal and child support and the role of FMEP in this regard, and the enforcement of orders for parenting time and contact. This page will also discuss contempt of court applications. | The page will provide a brief comment on the enforcement of orders generally, and discuss the enforcement of orders for spousal and child support and the role of FMEP in this regard, and the enforcement of orders for parenting time and contact. This page will also discuss contempt of court applications. | ||
''' | '''JP done. Should talk about enforcing orders for property/debt division. please check status of Hague signatories. no glossary tags to be added. internal and external links to be added''' | ||
==Some Preliminary Comments== | ==Some Preliminary Comments== | ||
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==Contempt of Court== | ==Contempt of Court== | ||
If the other party persistently refuses to live up to his or her 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 | If the other party persistently refuses to live up to his or her 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 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 his or her address for service. You will need to show the court: | |||
#the terms of the order you say was breached; | |||
#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 process and procedure, and the legal test to prove contempt, before you start working on your materials. | |||
==Further Reading in this Chapter== | |||
Return to the <span style="color: red;">first page</span> in this chapter. | |||
* other chapters | |||
==Page Resources and Links== | |||
===Legislation=== | |||
ISOA, FLA, DA, COEA, FMEA, hague convention | |||
*Supreme Court Act | |||
*SC rules of court | |||
*Provincial Court Act | |||
*PC rules of court | |||
===Links=== | |||
* <span style="color: red;">bulleted list of linked external websites referred to in page</span> | |||
FMEP, BC authority under Hague convention | |||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} |