Difference between revisions of "Enforcing Orders in Family Matters"

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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 affidavit for the contempt application; you can't simply mail or fax it to their address for service. You will need to show the court:
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 affidavit for the contempt application; you can't simply mail or fax it to their address for service. You will need to show the court:


#the terms of the order you say was breached,
#the terms of the order you say were breached,
#how the order was breached,
#how the order was breached,
#that the other party intended to breach the order, and
#that the other party intended to breach the order, and
#the harm resulting from the breach.
#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.
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.
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==Further Reading in this Chapter==
==Further Reading in this Chapter==

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