Conduct Orders in BC Family Law and What Happens if One Is Broken

Family disputes do not always end when a court order is made. Sometimes a judge or master decides that the way the parties behave toward each other needs to be managed, too. In British Columbia, the Family Law Act gives the court tools to do that, often called conduct orders.

If you have been given one, or you are relying on one, it helps to know what the court can require, what happens if someone ignores it, and how it fits with the wider set of enforcement tools. This article explains the basics in plain language. It is general information, not advice for your situation.

This article covers the law of British Columbia.

What a conduct order can require

A conduct order is an order about how the people in a family dispute must act while the matter is being resolved or after it. The Family Law Act sets out several kinds.

• Section 224 lets the court require parties to take part in family dispute resolution, counselling or programs.
• Section 225 lets the court restrict communications between the parties.
• Sections 226 and 227 let the court order residence costs, security, reporting, or specified actions.

Which of these a court chooses, if any, depends on the facts. The terms of your own order are what matter, so read the wording carefully.

What happens if a conduct order is not followed

If a party does not comply with a conduct order, the court may make a further order, draw an adverse inference, or order payment of expenses of up to $5,000 or a fine of up to $5,000. An adverse inference means the court may conclude something unfavourable to the person who did not comply.

There is a specific rule for communication restrictions. A breach of one must prompt the court to consider a Part 9 protection order.

The Act also deals with disclosure problems in a similar way. For non-compliance with a disclosure order, or incomplete, false or misleading disclosure, the court may draw an adverse inference, require security, or order expenses or a fine of up to $5,000.

How these tools fit with wider enforcement

Conduct orders sit within a broader enforcement scheme, and the court generally moves toward stronger tools only if gentler ones will not work.

Section 231 also allows police apprehension of a child in cases of wrongful denial of parenting time or withholding.

Contempt in the Supreme Court

In the Supreme Court, contempt is dealt with under Supreme Court Family Rules Rule 21-7. The court may punish by committal order, a fine, or both, and may find contempt even if the order was not served, where the person had actual notice of its terms.

A government consultation paper describes contempt as generally a measure of last resort, and says the Family Law Act tools are enough in most cases. Because contempt is serious, speaking with a lawyer before pursuing or responding to it is wise.

What to do next

• Read the order closely and note exactly what it requires or forbids.
• Keep a record of any breach, with dates and copies of messages, if you are the person relying on the order.
• If you cannot comply, do not simply ignore the order; get advice about asking the court to change it.
• If a communication restriction has been broken, ask a lawyer how a Part 9 protection order may apply.
• Confirm current section numbers and the $5,000 limits against the Act, since the law can be amended.

Frequently asked questions