How Do You Enforce a Family Court Order in Ontario When the Other Person Ignores It?
If the other person ignores an Ontario family court order, your options depend on the type of order. Support orders are automatically filed with the Family Responsibility Office (FRO), which can garnish bank accounts, have a driver's licence suspended, ask the federal government to suspend a passport and other federal licences, and report to the credit bureau. At a default hearing, the payor can be ordered to go to jail for up to 180 days.
An order other than a payment order may be enforced by a contempt motion, where the court may order imprisonment, a fine, or payment of a penalty to a party. In the Ontario Court of Justice, contempt penalties under the Children's Law Reform Act and Family Law Act are capped at a $5,000 fine and 90 days' imprisonment. Where a child is unlawfully withheld, the court may direct a police service to locate, apprehend and deliver the child to the person named in the order.
If the order no longer fits, a motion to change on Form 15 is how a final order is changed. A lawyer or duty counsel can help you choose between routes.
Key takeaways
- Support orders are automatically filed with the Family Responsibility Office, which can garnish bank accounts, suspend a driver's licence and report to the credit bureau.
- An order other than a payment order may be enforced by a contempt motion, where the court may order imprisonment, a fine or a penalty paid to a party.
- In the Ontario Court of Justice, contempt penalties under the Children's Law Reform Act and Family Law Act are capped at a $5,000 fine and 90 days' imprisonment.
- If the order no longer fits, a final order is changed by a motion to change on Form 15, not by ignoring it.