Difference between revisions of "Enforcing Orders in Family Matters"

Countries not listed above have elected not to participate in the convention. For more information and the current standing of signatory 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.

If the other party persistently refuses to live up to his or her 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 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.

==Further Reading in this Chapter==

* other chapters

===Legislation===

===Links===

{{JP Boyd on Family Law Navbox|type=chapters}}