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Difference between revisions of "Enforcing Orders in Family Matters"
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Enforcing Orders in Family Matters (view source)
Revision as of 14:57, 5 July 2017
, 14:57, 5 July 2017→Some preliminary comments
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It is not the court's job to enforce its orders, it's ''yours''. It's up to you to do something about it when someone fails to live up to an order. | It is not the court's job to enforce its orders, it's ''yours''. It's up to you to do something about it when someone fails to live up to an order. | ||
Both the Supreme Court and the Provincial Court have the ability to enforce orders under laws like the ''[[Family Law Act]]'', the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' and the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''. Enforcement under these laws requires making an application to court. This too is your responsibility. | |||
The Supreme Court has the power to punish for ''contempt of court'', disobedience of its orders or directions, and this is one way you can seek to have your order enforced. Once you bring an application to court for a finding that the person breaching the order be "found in contempt," the court can punish that person by a fine, by jail time, by both a fine and some time in jail, or by something more creative. Again, it is your responsibility to make this application; the court won't do it for you. | The Supreme Court has the power to punish for ''contempt of court'', disobedience of its orders or directions, and this is one way you can seek to have your order enforced. Once you bring an application to court for a finding that the person breaching the order be "found in contempt," the court can punish that person by a fine, by jail time, by both a fine and some time in jail, or by something more creative. Again, it is your responsibility to make this application; the court won't do it for you. | ||
It is true that the court system can be complex and challenging. That isn't an excuse for you not to take the steps that are required to enforce an order, and it doesn't give anyone an excuse to complain that the system didn't help them out. If you are finding it difficult to enforce an order, you should seriously consider hiring a lawyer to handle the matter for you, get some legal advice from a legal clinic or apply to a group like [http://accessprobono.ca/ Access Pro Bono] to see if they can introduce you to a lawyer who may be able to handle your case for free. | It is true that the court system can be complex and challenging. That isn't an excuse for you not to take the steps that are required to enforce an order, and it doesn't give anyone an excuse to complain that the system didn't help them out. If you are finding it difficult to enforce an order, you should seriously consider hiring a lawyer to handle the matter for you, get some legal advice from a legal clinic or apply to a group like [http://accessprobono.ca/ Access Pro Bono] to see if they can introduce you to a lawyer who may be able to handle your case for free. | ||
