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This page talks about how family law agreements can be enforced by the courts and by the Family Maintenance Enforcement Program, an agency of the provincial government that can help with the enforcement of agreements for the payment of child support and spousal support. | This page talks about how family law agreements can be enforced by the courts and by the Family Maintenance Enforcement Program, an agency of the provincial government that can help with the enforcement of agreements for the payment of child support and spousal support. | ||
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==Introduction== | ==Introduction== | ||
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===Parental Responsibilities=== | ===Parental Responsibilities=== | ||
An agreement about parental responsibilities can be filed in court under s. 44(3) of the ''Family Law Act'' and | 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=== | ===Parenting Time and Contact=== | ||
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<blockquote><blockquote><tt>(ii) a fine not exceeding $5 000.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(ii) a fine not exceeding $5 000.</tt></blockquote></blockquote> | ||
The court can enforce | 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: | Under s. 62(2), the denial of parenting time or contact is not wrongful if: | ||
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#require the breaching person to report to the court. | #require the breaching person to report to the court. | ||
The court can enforce these agreements using its extraordinary power to jail | The court can enforce these agreements using its extraordinary power to jail a person. | ||
==Agreeements for Child Support and Spousal Support== | ==Agreeements for Child Support and Spousal Support== | ||
When a payor falls behind in his or her support payments or stops making them altogether, he or she is said to be in ''arrears'' of 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 for child support and s. 163 for | 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 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 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. | |||
Where an agreement provides for the | |||
An | |||
==Further Reading in this Chapter== | ==Further Reading in this Chapter== |