Contempt Motions in Ontario Family Court: When They're Used and What Happens

A family court order is supposed to be the end of an argument, not the beginning of a new one. When one side simply ignores it — refusing parenting time, hiding assets, or flouting a support order despite having the means to pay — the other party understandably wants to know what can actually be done about it.

A contempt motion is one of the tools available, but Ontario courts treat it as a serious step, not a first response to every disagreement. Here's what it actually involves.

What Contempt Means in This Context

Contempt of court, in the family law setting, generally refers to a clear, deliberate failure to comply with a specific, existing court order. It isn't the same as disagreeing with an order, finding it inconvenient, or having a genuine dispute about what it requires — contempt is aimed at situations where someone knew what the order required and simply chose not to follow it.

When Courts Consider a Contempt Motion

Courts generally treat contempt as a last-resort enforcement tool, not a routine one. Because a contempt finding can carry serious consequences, judges typically expect the person asking for it to show something beyond an ordinary dispute over compliance — genuine defiance of an order whose terms were clear. Many family law disputes about non-compliance are handled through other routes first, such as a motion to change or, for support, enforcement through the Family Responsibility Office (FRO).

What Generally Needs to Be Shown

To succeed on a contempt motion, the party asking for the finding generally needs to demonstrate:

• A valid, existing court order with clear terms
• That the other party knew about the order
• That the breach was deliberate, not accidental or due to a genuine inability to comply

Because the consequences of a contempt finding can be serious, courts generally expect this to be proven to a higher standard than most other issues in a family case, rather than simply on a balance of probabilities.

How the Process Generally Works

1. A motion is brought within the existing family case, specifically asking the court to find the other party in contempt.
2. Notice requirements are strict. Because of what's at stake, the materials served typically need to clearly set out the order allegedly breached and the consequences being sought.
3. A hearing is held, often in two stages — first, whether contempt is established at all, and, if so, a separate step to decide what should happen as a result.
4. The court decides on consequences, which can range from relatively modest to significant, depending on the seriousness and history of the non-compliance.

Possible Outcomes

The consequences of a contempt finding vary widely depending on the facts, and courts have discretion in choosing an appropriate response. Possibilities include:

• A cost award against the party found in contempt
• A further order addressing the underlying issue (for example, making up missed parenting time)
• In more serious or repeated cases, a fine or, rarely, a period of incarceration, generally treated as a last-resort penalty
• An opportunity to "purge" the contempt — that is, to come into compliance — before a penalty is finally imposed

Alternatives Worth Considering First

Because contempt motions are treated as a serious, sometimes costly last resort, it's often worth exploring other options first: a motion to change if circumstances have shifted, FRO enforcement for support arrears, or a more targeted enforcement motion aimed at the specific problem, rather than a formal contempt finding.

Frequently asked questions