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Difference between revisions of "Enforcing Orders in Family Matters"
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Enforcing Orders in Family Matters (view source)
Revision as of 23:09, 15 July 2019
, 23:09, 15 July 2019→Contempt of court
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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 | 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. | ||
==Resources and links== | ==Resources and links== | ||
