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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 20:24, 28 June 2019
, 20:24, 28 June 2019→Some preliminary comments
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You sometimes hear people complaining about how the court didn't help them do this or that, or how the court failed to protect their children or their car or their chihuahua. A popular misunderstanding about the court system is that it monitors and enforces its own decisions. It doesn't. That's up to you. | You sometimes hear people complaining about how the court didn't help them do this or that, or how the court failed to protect their children or their car or their chihuahua. A popular misunderstanding about the court system is that it monitors and enforces its own decisions. It doesn't. That's up to you. | ||
In a very narrow sense, the job of the court is to hear the court proceedings brought before it and to make decisions about what is fair and appropriate in the circumstances of each proceeding. The person who begins the court proceeding, the ''claimant'', is responsible for managing their case and ultimately convincing the judge why the orders they are asking for are fair and appropriate. The person against whom the proceeding is brought, the ''respondent'', is responsible | In a very narrow sense, the job of the court is to hear the court proceedings brought before it and to make decisions about what is fair and appropriate in the circumstances of each proceeding. The person who begins the court proceeding, the ''claimant'', is responsible for managing their case and ultimately convincing the judge why the orders they are asking for are fair and appropriate. The person against whom the proceeding is brought, the ''respondent'', is responsible for defending themselves and explaining why the orders the claimant wants are unfair and inappropriate. The job of the judge is to manage the trial, listen to the parties and their evidence, and then decide what a fair and appropriate result is. | ||
The judge's decision is a ''court order''. It is binding on the parties and they risk being held in contempt of court if they do something different than what the order requires. Remember that the order takes effect the moment the judge says it (not its stamped date which can often be considerably later). | The judge's decision is a ''court order''. It is binding on the parties and they risk being held in contempt of court if they do something different than what the order requires. Remember that the order takes effect the moment the judge says it (not its stamped date which can often be considerably later). | ||
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It is not the court's job to enforce its orders, it's ''yours''. It's up to you to do something about it when someone fails to live up to an order. | It is not the court's job to enforce its orders, it's ''yours''. It's up to you to do something about it when someone fails to live up to an order. | ||
Both the Supreme Court and the Provincial Court have the ability to enforce orders under laws like the ''[[Family Law Act]]'', the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' and the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''. Enforcement under these laws requires making an application to court. This too is your responsibility. | Both the Supreme Court and the Provincial Court have the ability to enforce orders under laws like the ''[[Family Law Act]]'', the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'', and the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''. Enforcement under these laws requires making an application to court. This too is your responsibility. | ||
The Supreme Court has the power to punish for disobedience of its orders or directions, including for ''contempt of court'', and this is one way you can seek to have your order enforced. Again, it is your responsibility to make this application; the court won't do it for you. | The Supreme Court has the power to punish for disobedience of its orders or directions, including for ''contempt of court'', and this is one way you can seek to have your order enforced. Again, it is your responsibility to make this application; the court won't do it for you. | ||
It is true that the court system can be complex and challenging. That isn't an excuse for you not to take the steps that are required to enforce an order, and it doesn't give anyone an excuse to complain that the system didn't help them out. If you are finding it difficult to enforce an order, you should seriously consider hiring a lawyer to handle the matter for you, get some legal advice from a legal clinic or apply to a group like [http://accessprobono.ca/ Access Pro Bono] to see if they can introduce you to a lawyer who may be able to handle your case for free. | It is true that the court system can be complex and challenging. That isn't an excuse for you not to take the steps that are required to enforce an order, and it doesn't give anyone an excuse to complain that the system didn't help them out. If you are finding it difficult to enforce an order, you should seriously consider hiring a lawyer to handle the matter for you, get some legal advice from a legal clinic, or apply to a group like [http://accessprobono.ca/ Access Pro Bono] to see if they can introduce you to a lawyer who may be able to handle your case for free. | ||
==Enforcing orders for child support and spousal support== | ==Enforcing orders for child support and spousal support== | ||