- A judge may declare civil contempt where a person, without reasonable excuse, does something listed in the rules, such as not complying with an order.
- A contempt application is started by a Form 27 notice of application, which generally must be served like a commencement document.
- Penalties can include imprisonment, a fine and, for parties, striking pleadings or barring evidence; the Court may waive or suspend a penalty if the contempt is purged, and separately the judge who imposed a penalty may on notice increase, vary or remit it.
Contempt of court sounds dramatic, and in family law it is a serious step. It is used when someone is said to be disobeying a court order, for example by not paying support or ignoring a parenting order.
Whether you are thinking of bringing a contempt application or you have been served with one, this article explains the process and penalties set out in the Alberta Rules of Court. A lawyer can confirm how the rules apply to your facts.
This article covers the law of Alberta.
What civil contempt means
In plain words, civil contempt is a finding by a judge that a person did not obey a court order or otherwise acted in a way the rules treat as contempt. Under rule 10.52 of the Alberta Rules of Court, a judge may declare civil contempt where a person, without reasonable excuse, does something listed, such as not complying with an order.
The phrase without reasonable excuse matters. Whether a particular reason counts as a reasonable excuse depends on the facts, so it is worth confirming with a lawyer. The standard of proof and the other things an applicant must show are questions a lawyer can explain, because they depend on how the courts have applied the rule.
How an application works
A notice of application in Form 27 for a declaration of civil contempt must be served on the person like a commencement document. There is an exception: service of the Form 27 notice is not required in the listed situations where the person is already before the Court.
The Court may also grant an order in Form 47 requiring a person to appear, or order a peace officer to bring the person before the Court, to show cause why they should not be declared in civil contempt.
- Get a copy of the order that you say was broken.
- Collect proof of the breach, such as payment records, messages or a log of missed parenting time.
- Note whether the person is already before the Court, since service of the Form 27 notice is not required in the listed situations where that is the case.
- Arrange proper service of the application, since service is generally required.
Penalties a judge can order
Rule 10.53 lists what the Court may do on a finding of civil contempt. The Court may order imprisonment until the contempt is purged, imprisonment for up to 2 years, or a fine, with up to 6 months' imprisonment if the fine is unpaid. If the person is a party, the Court may also strike pleadings, stay or dismiss a claim, or bar evidence. The Court may also award costs.
There is room for correction. If the person purges the contempt, the Court may waive or suspend any penalty. Separately, the judge who imposed a penalty may, on notice, increase, vary or remit it. In many family cases the practical goal is compliance with the order, not punishment.
Contempt compared with other enforcement
| Situation | Option to ask about |
|---|---|
| Parenting time denied | Family Law Act enforcement application, with a penalty of up to $100 per day of denial and imprisonment up to 90 days |
| Order broken in another way | Civil contempt application under rules 10.51 to 10.53 |
| Order no longer fits the facts | Application to vary, which needs a statutory change in circumstances |
For parenting time, the Family Law Act enforcement route requires the court to be satisfied there was a denial of time within 12 months of the application being brought. Which route is better depends on the order and the facts.
If you are facing a contempt application, and next steps
If you have been served, do not ignore it. Read the notice carefully, note the date and time to appear, and keep every document. An order may not be easy to follow in some circumstances, so gather evidence of why you could not comply, or what you have done to comply since.
- Keep the order, the notice and proof of when you received them.
- Gather records that show your reason for not complying, if you have one.
- Take steps to comply now if you can, since purging may allow a penalty to be waived or suspended.
- Speak to a lawyer before the hearing date.
Frequently asked questions
Is contempt the same as a criminal charge?
The rules in this article deal with civil contempt, which is declared by a judge under the Alberta Rules of Court. The penalties can still be serious, including imprisonment.
Can the other side ask for costs?
Yes. On a finding of civil contempt, the Court may also award costs.
What if I fix the problem after being served?
If the person purges the contempt, the Court may waive or suspend any penalty. Whether that happens is up to the judge.
Do I always have to serve the other person?
Generally the Form 27 notice must be served like a commencement document, but service is not required in the listed situations where the person is already before the Court.
Sources
- Divorce Act, s. 17 — Justice Laws (federal)
- Family Law Act (Alberta), s. 40 — kings-printer.alberta.ca
- Alberta.ca – Enforce parenting time — alberta.ca
- Alberta Rules of Court (Alta Reg 124/2010), r. 10.51 — kings-printer.alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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