How can you go about enforcing a custody and access order? Despite having a Court Order, there are often times where one party to an agreement or Order fails to follow the terms of that agreement or Court Order. For example, one parent might interfere with the other person’s parenting time by withholding access.
Contempt
Whereby one party is in breach of a temporary or final order for custody or access, they are in “contempt” or court. The process of a contempt Order involves asking the judge to decide that your partner knew about the Order or Agreement and yet, failed to follow such agreement or Order on purpose.
Procedural Aspects:
Rule 31 of the Family Law Rules governs contempt motions in family law disputes. Under section 31(1), an Order, other than a payment Order may be enforced by way of Contempt Motion.
To bring a Contempt Motion, you need to fill out the following documents:
- Form 31: Notice of Contempt. This is where you list the Orders that you are seeking the Court to make; and
- Form 14A: Affidavit. This is a supporting Affidavit where you specifically provide your supporting evidence as to why the judge should grant you such Orders.
With respect to the above, the documents must be delivered by special service pursuant to section 3(a) of the Family Law Rules.
These types of Motions prove to be difficult in nature. To establish contempt, the party seeking such an Order must demonstrate beyond a reasonable doubt: the breach of the Order and that the breach was a wilful one.
Contempt Orders:
If the court finds a person in contempt of the court, it may order that the person,
(a) be imprisoned for any period and on any conditions that are just;
(b) pay a fine in any amount that is appropriate;
(c) pay an amount to a party as a penalty;
(d) do anything else that the court decides is appropriate;
(e) not do what the court forbids;
(f) pay costs in an amount decided by the court; and
(g) obey any other order. O. Reg. 114/99, r. 31 (5).
Speak to a Lawyer Today
Going to court can be a complicated and stressful process. If you an individual worried about the process and/or are an individual seeking to enforce a Custody or Access Order, speak to an experienced Family Law lawyer at Nussbaum Law today.
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