How Do I Enforce a Family Court Order in British Columbia?
This answer covers the law of British Columbia.
If the other person is not following your family order, you can ask the court for enforcement remedies under the Family Law Act. For non-compliance with a conduct order, the court can make a further order, draw an adverse inference, or order expenses of up to $5,000 or a fine of up to $5,000. Imprisonment of up to 30 days is available only where the court is satisfied no other order will secure compliance, after giving the person a reasonable chance to explain.
For unpaid support, the Family Maintenance Enforcement Act has its own tools. The director can serve a notice of attachment, and the person served must deduct the amount from money owed to the debtor and remit it within 5 days. When arrears total $3,000 or more, after 30 days' notice the director can have ICBC cancel the debtor's driver's licence. Persistent arrears can also lead to a federal licence, including a passport, being suspended or refused.
The steps to start depend on the court. In the Supreme Court, contempt is dealt with under Supreme Court Family Rules Rule 21-7, and the court may punish by committal order, a fine, or both. A lawyer can confirm which tool and forms fit your order.
Key takeaways
- If someone breaks a conduct order, the court can make a further order, draw an adverse inference, or order expenses of up to $5,000 or a fine of up to $5,000.
- Imprisonment of up to 30 days is available only if the court is satisfied no other order under the Act will secure compliance.
- For unpaid support, a notice of attachment requires the person served to deduct the amount and remit it to the director within 5 days.
- If you are wrongfully denied parenting time or contact, you may apply within 12 months after the denial.