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The Canadian justice system is based on the idea that people will follow court orders and arbitration awards, and the agreements they have made, because they know it's the right thing to do. When people don't live up to their obligations, steps must sometimes be taken to make them do what an order, award or agreement requires. 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 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 made under laws like the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'', using laws like the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'', and the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'', and certain parts of the ''Family Law Act''. The Supreme Court can also enforce orders under the [https://canlii.ca/t/55dgb Supreme Court Family Rules] and the common-law rules about contempt of court. Enforcement under these laws requires making an application to court, and it's up to you to make the application.
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 it's your responsibility to make this application 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's up to you to make the application.
It's important to know that the ''[https://canlii.ca/t/7vf2 Criminal Code]'' lists a number of criminal offences connected with orders about parenting time and contact, although I wouldn't describe these offences as options for enforcement as they require the involvement of police and "crown counsel," lawyers who work for the government and prosecute criminal offences, and aren't steps that a party to an order can take on their own. First of all, section 127 of the ''Criminal Code'' makes it an offence to fail to obey a court order other than an order for the payment of money. However, other sections of the ''Code'' describe other offences more specifically related to parenting time and contact:
==The ''Divorce Act''==
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, spousal support. ''Divorce Act'' orders are enforced by the Supreme Court under the Supreme Court Family Rules and the rules about contempt of court.
==The ''Family Law Act''==
===Parental responsibilities===
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.
===Parenting time and contact===
====When parenting time or contact is denied====
Section 61(1) of the ''[[Family Law Act]]'' allows a person with an order or agreement given them parenting time or contact, to apply for certain orders when their parenting time or contact has been "wrongfully denied" by a guardian. (Under section 19.20 of the act, arbitration awards are enforced like court orders, so this section applies to awards as well.) The orders that can be applied for are listed in section 16(2) and include orders that:
It's important to know that even if a particular denial of parenting time or contact isn't wrongful under section 62(1), the court can still order make-up time under section 62(2).
====When parenting time or contact isn't exercised====
Section 63 of the ''[[Family Law Act]]'' talks about the other side of the problem, when someone who has parenting time or contact fails to exercise their parenting time or contact. This is an important problem
====Other issues about parenting time and contact====
extraordinary remedies