no edit summary
<blockquote><blockquote><tt>(c) the agreement is filed with a court.</tt></blockquote></blockquote>
When a term of an agreement is breached, the other party is entitled to take steps to make the breaching party comply with
his or her obligations under the agreement. This is called ''enforcing'' the agreement. How a separation agreement is enforced depends largely on which particular term of the agreement has been breached. Some terms, like those dealing with child support, are fairly easy to enforce. Other terms, like those dealing with the allocation of parental responsibilities, can be much harder to deal with.
===Enforcement under the ''Family Law Act''===
====Extraordinary enforcement power====
Under s. 231 of the
act, when no other order will be sufficient to make someone comply with an order (or agreement), the court can enforce the order (or agreement) by imprisoning the breaching party for up to 30 days.
This provision applies to agreements about parental responsibilities, parenting time, contact, child support, and spousal support.
===Enforcement under other legislation===
The federal ''[[Divorce Act]]'' does not address the enforcement of family law agreements
, however other laws do, such as the provincial ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' and the provincial ''[http://canlii.ca/t/8495 Personal Property Security Act]''.
====Orders about child support and spousal support====
An agreement about parental responsibilities can be filed in court under s. 44(3) of the ''Family Law Act'' and be enforced through the
act's general and extraordinary enforcement powers.
===Parenting time and contact===
<blockquote><blockquote><tt>(ii) a fine not exceeding $5 000.</tt></blockquote></blockquote>
The court can enforce agreements for parenting time or contact using its extraordinary power to jail someone, as well as certain other extraordinary powers intended for problems like these. Under s. 231(4), where a guardian withholds parenting time or contact, the court can require a police officer to take the child to the person entitled to parenting time or contact. Under s. 231(5), where a person with contact refuses to return the child to
his or her guardian, the court can require a police officer to take the child to his or her guardian.
Under s. 62(2), the denial of parenting time or contact is not wrongful if:
==Agreements for child support and spousal support==
When a payor falls behind in
his or her support payments as required by an agreement, or stops making them altogether, he or she is said to be in ''arrears'' of support. Support is often the easiest part of an agreement to enforce.
Once an agreement is filed in court, under s. 148 of the ''[[Family Law Act]]'' for child support and s. 163 for spousal support, the agreement can be enforced through the act's general and extraordinary enforcement powers. Filed agreements can also be enforced by the provincial [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program]. This is a free service that can be very effective in forcing a payor to meet
his or her obligations and monitor ongoing payments.
==Agreements about property and debt==
Where an agreement provides for the division of property and debt and someone doesn't live up to
his or her obligations, the agreement can be enforced by starting a court proceeding in the Supreme Court for ''breach of contract'', asking the court to make an order for the ''specific performance'' of the agreement by the person in breach, plus an order for costs. An order for the specific performance of an agreement requires the breaching person to do whatever it is that the agreement required of him or her, like transferring real property, surrendering personal property, or paying a debt. An order for costs requires the breaching person to pay some money toward the cost of the court proceeding.
==Further Reading in this Chapter==