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Enforcing Orders, Awards and Agreements Involving Children

1,347 bytes added, 19:03, 25 August 2022
Parental responsibilities
<blockquote>[86] Although compliance with the FLA and related court orders is critical, the FLA mandates a more holistic approach to resolving family disputes that minimizes delay, formality and conflict between the parties: s. 199(1). The remedies available under ss. 228 and 230 empower the court to provide progressively more serious responses as a particular case may dictate. More importantly, a court’s objective should be to fashion a remedy that ensures compliance while addressing the specific situation before the court.</blockquote>
If none of these remedieswork, section 231 of the ''Family Law Act'' gives the court the power to put someone in jail for up to 30 days: <blockquote><tt>(1) This section applies if</tt></blockquote><blockquote><blockquote><tt>(a) a person fails to comply with an order made under this Act, and</tt></blockquote></blockquote><blockquote><blockquote><tt>(b) the court is satisfied that no other order under this Act will be sufficient to secure the person's compliance.</tt></blockquote></blockquote><blockquote><tt>(2) Subject to section 188, the court may make an order that a person be imprisoned for a term of no more than 30 days.</tt></blockquote><blockquote><tt>(3) For the purposes of subsection (2),</tt></blockquote><blockquote><blockquote><tt>(a) a person must first be given a reasonable opportunity to explain his or her non-compliance and show why an order under this section should not be made,</tt></blockquote></blockquote><blockquote><blockquote><tt>(b) for the purpose of bringing a person before the court to show why an order for imprisonment should not be made, the court may issue a warrant for the person's arrest, and</tt></blockquote></blockquote><blockquote><blockquote><tt>(c) imprisonment of a person under this section does not discharge any duties of the person owing under an order made under this Act.</tt></blockquote></blockquote>
===Parenting time and contact===