Enforcing Orders, Awards and Agreements Involving Children: Difference between revisions
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Enforcing Orders, Awards and Agreements Involving Children (view source)
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{{LSSbadge | {{LSSbadge | ||
|resourcetype = <br/> a fact sheet on | |resourcetype = <br/> a fact sheet on | ||
|link = [https://family.legalaid.bc.ca/bc-legal-system/court-orders/ | |link = [https://family.legalaid.bc.ca/bc-legal-system/court-orders/enforce-order-or-agreement-made-bc enforcing <br/>a final order] | ||
}}Final orders, awards and agreements about arrangements for parenting and contact after separation are meant to give parents and other adults involved in children's lives a set of rules that describe how decisions affecting children are to be made, how much time each of the adults will have with the children, and when each adult's time with the children begins and ends. The purposes of rules about these things include: creating certainty about where the kids will be and when they'll be there; allowing parents to make plans for holidays, trips and special occasions well in advance; and, most importantly, reducing conflict between the adults involved in the children's lives. When one or more of the parties to an order, an award or an agreement doesn't follow those rules, these benefits are lost and it may be necessary to take steps to enforce the order, award or agreement so that everyone does the things the rules require them to do. | }}Final orders, awards and agreements about arrangements for parenting and contact after separation are meant to give parents and other adults involved in children's lives a set of rules that describe how decisions affecting children are to be made, how much time each of the adults will have with the children, and when each adult's time with the children begins and ends. The purposes of rules about these things include: creating certainty about where the kids will be and when they'll be there; allowing parents to make plans for holidays, trips and special occasions well in advance; and, most importantly, reducing conflict between the adults involved in the children's lives. When one or more of the parties to an order, an award or an agreement doesn't follow those rules, these benefits are lost and it may be necessary to take steps to enforce the order, award or agreement so that everyone does the things the rules require them to do. | ||
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*abuses any discretion they might have to withhold the children from a party entitled to parenting time or contact. | *abuses any discretion they might have to withhold the children from a party entitled to parenting time or contact. | ||
Both the Supreme Court and the Provincial Court have the ability to enforce orders made under the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'', using laws like the ''[ | Both the Supreme Court and the Provincial Court have the ability to enforce orders made under the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'', using laws like the ''[https://canlii.ca/t/84h5 Court Order Enforcement Act]'' and certain parts of the ''Family Law Act'' that talk about enforcement. The Supreme Court can also enforce orders under the [https://canlii.ca/t/55dgb Supreme Court Family Rules] and the common-law rules about contempt of court. Enforcement under these laws requires making an application to court, and it's up to you to make the application. | ||
The Supreme Court has the ability to enforce arbitration awards the way it enforces court orders, under section 19.20(1) of the ''Family Law Act''. This also requires making an application to court, and it's your responsibility to make this application as well. | The Supreme Court has the ability to enforce arbitration awards the way it enforces court orders, under section 19.20(1) of the ''Family Law Act''. This also requires making an application to court, and it's your responsibility to make this application as well. | ||
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In other words, a ''Divorce Act'' order about parenting arrangements and contact that's made in Nova Scotia can be registered in British Columbia and be enforced by the courts of British Columbia, and vice versa. (The ''[[Family Law Act]]'' takes the same approach to the registration and enforcement of orders made outside the province at section 75 of the act.) | In other words, a ''Divorce Act'' order about parenting arrangements and contact that's made in Nova Scotia can be registered in British Columbia and be enforced by the courts of British Columbia, and vice versa. (The ''[[Family Law Act]]'' takes the same approach to the registration and enforcement of orders made outside the province at section 75 of the act.) | ||
In British Columbia, ''Divorce Act'' orders are enforced by the Supreme Court under the [https://canlii.ca/t/8mcr Supreme Court Family Rules], the common-law rules about contempt of court, and the special rules that apply to contempt applications. 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 or spend time in jail | In British Columbia, ''Divorce Act'' orders are enforced by the Supreme Court under the [https://canlii.ca/t/8mcr Supreme Court Family Rules], the common-law rules about contempt of court, and the special rules that apply to contempt applications. 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 or spend time in jail. | ||
The court's primary goal in deciding if and how to punish someone who has breached an order is to get them 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 court's primary goal in deciding if and how to punish someone who has breached an order is to get them 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. | ||
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It's important to know that even if a particular denial of parenting time or contact isn't "wrongful" under section 62(1), the court can still order make-up time under section 62(2). | It's important to know that even if a particular denial of parenting time or contact isn't "wrongful" under section 62(1), the court can still order make-up time under section 62(2). | ||
If none of the remedies under section 61 are effective in getting a guardian to comply with an order, award or agreement about parenting time or contact, the person denied parenting time or contact can apply to court for one or more of the "extraordinary | If none of the remedies under section 61 are effective in getting a guardian to comply with an order, award or agreement about parenting time or contact, the person denied parenting time or contact can apply to court for one or more of the "extraordinary remedies" described in section 231 of the ''Family Law Act''. These remedies include orders that: | ||
*the guardian be put in jail for up to 30 days, under section 231(2), and | *the guardian be put in jail for up to 30 days, under section 231(2), and | ||
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===Links=== | ===Links=== | ||
*[https:// | *[https://family.legalaid.bc.ca/bc-legal-system/court-orders Court Orders] 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 | ||
