Enforcing Orders, Awards and Agreements Involving Children

Final orders, awards and agreements about arrangements for parenting and contact after separation are meant to give parents and other adults involved with the child a set of rules that describe how decisions affecting children are to be made, how much time each of the adults will have with the children, and when each adult's time with the children begins and ends. The point of having rules includes: creating certainty about where the kids will be and when they'll be there; allowing parents to make plans for holidays, trips and special occasions well in advance; and, most importantly, reducing conflict between the adults involved in the children's lives. When one or more of the parties to an order, an award or an agreement don't follow those rules, these benefits are lost and it may be necessary to take steps to enforce the order, award or agreement so that everyone does the things rules require them to do.

The process for enforcing orders generally is discussed in the section Enforcing Orders in the Resolving Problems in Court chapter; the process for enforcing agreements generally is discussed in the section Enforcing Agreements in the Family Law Agreements chapter. Under section 19.20 of the Family Law Act, arbitrator's awards are enforced the way court orders are enforced.

This section talks about the special processes and remedies available for enforcing orders, awards and agreements about arrangements for parenting and contact under the Family Law Act.

Introduction

The family justice system is based on the idea that people follow court orders and arbitrators' awards, and the agreements they have signed, because they know it's the right thing to do. When people don't live up to their obligations, steps sometimes have to be make them do what they're supposed to do. It's important to know, however, that neither judges nor arbitrators police their own orders and awards, to make sure everyone is doing what they're supposed to do, and that no one is keeping an eye on whether someone is living up to their obligations under any agreements they've signed. When there's a problem, it's up to the parties to the order, award or agreement to do something about it.

Both the Supreme Court and the Provincial Court have the ability to enforce orders under laws like the Family Law Act, the Family Maintenance Enforcement Act, and the Court Order Enforcement Act. The Supreme Court can also enforce orders under the Supreme Court Family Rules and the rules about contempt of court. Enforcement under these laws requires making an application to court. This too is your responsibility.

The Supreme Court has the ability to enforce arbitration awards the way it enforces court orders, under section 19.20(1) of the Family Law Act. This also requires making an application to court, and is your responsibility as well.

Both the Supreme Court and the Provincial Court have the ability to enforce agreements under the Family Law Act. It won't be a surprise to learn that enforcing agreements requires making an application to court, and that it is your responsibility to make the application.

The Divorce Act doesn't talk about enforcing orders, other than the steps that can be taken by government agencies to help enforce orders about child support and spousal support. Divorce Act orders are enforced by the Supreme Court under the Supreme Court Family Rules and the rules about contempt of court.

This section is about the special rules for enforcing orders, awards and agreements about parenting time and contact under the Family Law Act. There are no special rules for enforcing orders, awards and agreements about parental responsibilities. Orders, awards and agreements about parental responsibilities are enforced by the court under the Family Law Act, and, by the Supreme Court under the Supreme Court Family Rules and the rules about contempt of court, like any other order, award or agreement.

Resources and links

Legislation

• Family Law Act
• Divorce Act

Links

• Legal Services Society's Family Law website's information page "Court orders"
  • See "Change an order or set aside an agreement made in BC" and "When can you change a final order?"

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by JP Boyd, 22 August 2022.

JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.