What happens if the other parent breaks a parenting order in Alberta?
This answer covers the law of Alberta.
If the other parent keeps missing handovers or withholding your child, you can ask the court to enforce your parenting time, but you need a court order that describes that time first. Applying is up to you.
Under the Family Law Act, you apply with a Claim (CTS3459), a Statement – Enforcement of Time with a Child (CTS3478) and an Affidavit of Service (CTS3513), attaching the order, at the court that granted it. The other parent must be served in person, and mail is not allowed. If time is denied, the court can order police help, make-up visits, security, payment of your expenses, a penalty of up to $100 per day of denied time, or jail. If a child is not returned after a visit, the court can order police to find and return the child.
If you have no order, there is nothing to enforce, so you would first apply for a Contact Order, Custody and Access Order or Parenting Order. Keep a dated record of each missed handover and message. Where a divorce action has started, parenting is dealt with under the Divorce Act instead, so a lawyer can confirm which process fits.
Key takeaways
- You need a court order that describes your parenting time before you can apply to enforce it, and applying is up to you.
- The other parent must be served in person, because mail is not allowed.
- If time is denied, the court can order police help, make-up visits, security, expenses, a penalty of up to $100 per day of denied time, or jail.
- Without an order there is nothing to enforce, so you would first apply for a Contact Order, Custody and Access Order or Parenting Order.