7,392
edits
Difference between revisions of "Enforcing Orders in Family Matters"
Jump to navigation
Jump to search
Enforcing Orders in Family Matters (view source)
Revision as of 22:29, 3 August 2022
, 22:29, 3 August 2022From staging July 2022
Nate Russell (talk | contribs) (→Links) |
Nate Russell (talk | contribs) (From staging July 2022) |
||
| Line 6: | Line 6: | ||
This section provides a <span class="noglossary">brief</span> comment on the enforcement of orders generally, and discusses the enforcement of orders for spousal and child support, including the role of the Family Maintenance Enforcement Program (FMEP), and the enforcement of orders for parenting time and contact. This section also looks at contempt of court applications. | This section provides a <span class="noglossary">brief</span> comment on the enforcement of orders generally, and discusses the enforcement of orders for spousal and child support, including the role of the Family Maintenance Enforcement Program (FMEP), and the enforcement of orders for parenting time and contact. This section also looks at contempt of court applications. | ||
If the order you want to enforce is from the Provincial Court, visit Legal Aid BC's Family Law website's guided pathway: [https://family.legalaid.bc.ca/bc-legal-system/court-orders/enforce-order-or-agreement-made-bc/enforce-parenting-agreement-or-0#0 Enforce a parenting agreement or order in Provincial Court]. | |||
==Some preliminary comments== | ==Some preliminary comments== | ||
| Line 110: | Line 112: | ||
Enforcing orders about the care of children can be just as difficult as enforcing orders about support. Orders about the care of children can be enforced under the ''[[Family Law Act]]'', the ''[http://canlii.ca/t/7vf2 Criminal Code]'', the [http://canlii.ca/t/8mcr Supreme Court Family Rules], and, in certain circumstances involving people located outside of Canada, the [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction]. | Enforcing orders about the care of children can be just as difficult as enforcing orders about support. Orders about the care of children can be enforced under the ''[[Family Law Act]]'', the ''[http://canlii.ca/t/7vf2 Criminal Code]'', the [http://canlii.ca/t/8mcr Supreme Court Family Rules], and, in certain circumstances involving people located outside of Canada, the [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction]. | ||
Orders about | Orders about parenting time and contact with children made here under the ''[[Divorce Act]]'' can be registered and enforced anywhere in Canada. | ||
Orders about guardianship, parenting arrangements, and contact made here in BC under the ''Family Law Act'' can be registered and enforced anywhere in Canada. | Orders about guardianship, parenting arrangements, and contact made here in BC under the ''Family Law Act'' can be registered and enforced anywhere in Canada. | ||
| Line 128: | Line 130: | ||
===''Divorce Act'' orders=== | ===''Divorce Act'' orders=== | ||
Orders for | Orders for parenting time and contact made under the federal ''Divorce Act'' are enforced under provincial laws. However, they can't be enforced under the ''Court Order Enforcement Act'' because that act deals with orders about money and property, and they can't be enforced under the ''Family Law Act'' because that act only allows for the enforcement of its own orders and foreign orders about the care of children. | ||
These are your options: | These are your options: | ||
| Line 192: | Line 194: | ||
The Convention also enables access to children across international borders. | The Convention also enables access to children across international borders. | ||
As of | As of April 1, 2020, the Hague Convention applies between Canada and the following contracting states: | ||
:Albania, Andorra, Argentina, Australia, Austria, Bahamas, Belarus, Belgium, Belize, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark (except the Faroe Islands & Greenland), Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Honduras, Hong Kong (Special Administrative Region of China), Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Macau (Special Administrative Region of China), Former Yugoslav Republic of Macedonia, Malta, Mauritius, Mexico, Republic of Moldova, Monaco, Morocco, the Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Saint Kitts and Nevis, San Marino, Serbia & Montenegro, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Trinidad and Tobago, Turkey, Turkmenistan, Ukraine, United Kingdom, UK Anguilla, UK Bermuda, UK Cayman Islands, UK Falkland Islands, UK Isle of Man, UK Jersey, UK Montserrat, United States of America, Uruguay, Uzbekistan, Venezuela, and Zimbabwe. | :Albania, Andorra, Argentina, Australia, Austria, Bahamas, Belarus, Belgium, Belize, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark (except the Faroe Islands & Greenland), Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Honduras, Hong Kong (Special Administrative Region of China), Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Macau (Special Administrative Region of China), Former Yugoslav Republic of Macedonia, Malta, Mauritius, Mexico, Republic of Moldova, Monaco, Morocco, the Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Romania, Saint Kitts and Nevis, San Marino, Serbia & Montenegro, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Trinidad and Tobago, Turkey, Turkmenistan, Ukraine, United Kingdom, UK Anguilla, UK Bermuda, UK Cayman Islands, UK Falkland Islands, UK Isle of Man, UK Jersey, UK Montserrat, United States of America, Uruguay, Uzbekistan, Venezuela, and Zimbabwe. | ||
As of | As of April 1, 2020, the following contracting states do not have a reciprocating arrangement with Canada: | ||
:Armenia, Bolivia, Gabon, Guatemala, Guinea, Iraq, Jamaica, Kazakhstan, Lesotho, Nicaragua, Pakistan | :Armenia, Bolivia, Gabon, Guatemala, Guinea, Iraq, Jamaica, Kazakhstan, Lesotho, Nicaragua, Pakistan, Republic of the Philippines, Russian Federation, Seychelles, Thailand, Tunisia, and Republic of Zambia. | ||
Countries not listed above have elected not to be bound by the Convention. | Countries not listed above have elected not to be bound by the Convention. | ||
To see if these lists have since been updated, check out: [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/fr_hague]. | To see if these lists have since been updated, check out: [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/fr_hague the online list]. | ||
For more general information and the current <span class="noglossary">standing</span> of participating nations, check out the website of the [http://www.hcch.net/index_en.php Hague Conference on Private International Law], which reports on the status of the various Hague Conventions. | For more general information and the current <span class="noglossary">standing</span> of participating nations, check out the website of the [http://www.hcch.net/index_en.php Hague Conference on Private International Law], which reports on the status of the various Hague Conventions. | ||
| Line 225: | Line 227: | ||
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 other materials for the contempt application. See [[How Do I Personally Serve Someone with Legal Documents?]] in the | 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 Helpful Guides & Common Questions part of this resource, in the section Other Litigation Issues. | ||
. 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, | ||
| Line 241: | Line 245: | ||
* ''[[Divorce Act]]'' | * ''[[Divorce Act]]'' | ||
* [http://canlii.ca/t/8mcr Supreme Court Family Rules] | * [http://canlii.ca/t/8mcr Supreme Court Family Rules] | ||
* [http://canlii.ca/t/ | * [http://canlii.ca/t/b8rn Provincial Court Family Rules] | ||
* ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' | * ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' | ||
* ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' | * ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' | ||
| Line 249: | Line 253: | ||
===Resources=== | ===Resources=== | ||
*''[https://perma.cc/ZAT9-R8ZX Convention on the Civil Aspects of International Child Abduction]'' | *''[https://perma.cc/ZAT9-R8ZX Convention on the Civil Aspects of International Child Abduction]'' | ||
* Legal Aid BC's Family Law website's guided pathway on [https://family.legalaid.bc.ca/bc-legal-system/court-orders/enforce-order-or-agreement-made-bc/enforce-parenting-agreement-or-0#0 Enforce a parenting agreement or order in Provincial Court] | |||
===Links=== | ===Links=== | ||
| Line 261: | Line 266: | ||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[Nate Russell]], June 20, 2022}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||