How to Enforce a Family Court Order in Alberta When Your Ex Ignores It

A court order only helps if it is followed. When the other party ignores it, by withholding parenting time, not paying support or not doing what the order requires, it is natural to want quick action.

This article outlines the main enforcement routes in Alberta and the first practical steps. Which route fits depends on the wording of your order and the facts, so a lawyer can confirm your best path.

This article covers the law of Alberta.

Start with the order itself

Read the order carefully and note exactly which term is not being followed, when, and how. Keep records such as messages, missed payments and dates. If the issue is that the order no longer fits real life, changing it may be better than enforcing it. A support amount does not change until the court has made an order.

Enforcing parenting time

To enforce parenting time, file the Claim – Family Law Act and the Statement – Enforcement of Time with a Child, with a copy of the parenting-time order, at the court that granted it. The Act's penalties apply only if you apply to the court.

The court must be satisfied there was a denial of time within 12 months of the application being brought. It can order a penalty of up to $100 for each day of denial of time, and imprisonment, continuous or intermittent, up to a maximum of 90 days. The court can also direct police to help enforce a visit or to find and return a child who was not returned.

Where an enforcement order has a police-assistance provision, an enforcement officer must assist the applicant on request and on production of a certified copy of the order. An officer need not bring the child to the applicant if the officer decides, in the immediate circumstances, that it is not in the child's best interests.

Enforcing support

A support order can be varied even though it has been filed, for example with the Maintenance Enforcement Program. If the payor or recipient lives outside Alberta, the program can facilitate payments through reciprocal registration agreements covering all Canadian provinces and territories, all American states and territories, and over 20 other countries.

Payors living outside Alberta pay the enforcement program in their own jurisdiction, not the recipient directly, to avoid late penalties and double payment. To change an order or get file updates, contact the enforcement program where you live. A payor who wants to reduce or cancel arrears uses the Application to Reduce or Cancel Arrears if the parents are divorced or a divorce was started.

Civil contempt for any ignored order

Civil contempt is a broader tool that can apply to other terms too, including property-related terms, depending on how the order is worded. 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. Notice of application in Form 27 must be served on the person like a commencement document, unless the person is already before the Court in the listed situations.

The Court may 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. Penalties can include:

• Imprisonment until the contempt is purged, imprisonment for up to 2 years, or a fine.
• For parties, striking pleadings, staying or dismissing a claim, or barring evidence.
• Costs.

If the person purges the contempt, the Court may waive or suspend any penalty. Contempt is serious and technical, so get legal advice before starting it.

What to do next

If you or the other party have moved, remember that Divorce Act orders about support, parenting time, decision-making responsibility or contact have legal effect throughout Canada. They may be registered in any court in a province and enforced as that court's own order. A court may still vary such an order only in accordance with the Act.

• Identify the exact term that is being ignored.
• Gather a copy of the order and a timeline with evidence.
• Note the date of any denied parenting time, because the 12-month window matters.
• Check whether the Maintenance Enforcement Program is involved in a support file.
• Speak with a lawyer about whether to apply for enforcement or contempt.

Frequently asked questions