How to Enforce a Parenting Order in BC Family Court

When your ex ignores a court-ordered parenting schedule, it can feel like the order means nothing. Missed handovers, late returns and unilateral changes are stressful for you and for your child.

This article explains the general landscape in British Columbia: which court deals with the matter, how orders can be changed, and what support exists. The specific enforcement remedies available depend on your order and what has happened, so a lawyer should confirm which fit your situation.

This article covers the law of British Columbia.

Start with the order itself

Read your order or written agreement closely before you do anything. Note exactly what it requires, what has been missed, and when. A clear record is the most useful thing you can bring to any court or lawyer.

Courts approach parenting by looking at the child, not at who is right. The parties and the court must consider only the best interests of the child, including the child's health and emotional well-being, views, relationships, history of care, need for stability, and the effect of family violence.

• Keep a dated log of each missed or changed parenting time.
• Save messages that show the schedule being discussed or refused.
• Note any effect on your child.
• Keep a copy of the order handy.

Which court handles it

Under the Family Law Act, the court means the Supreme Court or, to the extent it has jurisdiction to make an order, the Provincial Court. The Supreme Court has jurisdiction in all matters under the Act, and the Provincial Court has general jurisdiction under the Act, subject to the Divorce Act and certain exceptions.

If safety is a concern, the Provincial Court keeps its power under Part 9 of the Act to restrict access to a residence to protect a family member's safety. If you fear for your safety, seek help right away and ask a lawyer about the options.

When the schedule is not working

Sometimes the problem is that the order no longer fits real life. A court may change, suspend or terminate a parenting order on application if satisfied that, since the order was made, there has been a change in the needs or circumstances of the child, including because of a change in another person's circumstances.

In the Provincial Court, an application can seek to change or cancel all or part of an existing final order. A copy of the existing order or written agreement must be filed with the application.

If you disagree with an interim Provincial Court order, note that it cannot be appealed to the Supreme Court under s.233(1), and an application to vary is the route instead. For a final Provincial Court order, an appeal goes to the Supreme Court with a 40-day time limit, counted from the day after the order is made, and an appealed order generally stays in effect.

Support and steps before court

Family Justice Centre services are free and include mediation with a Family Justice Counsellor, legal information and referrals, and Parenting After Separation. Virtual services are available at 1-844-747-3963. Justice Access Centres also offer services and referrals, including mediation if you are eligible.

If you go to the Provincial Court on parenting arrangements, you must complete a Parenting After Separation course before your first court date unless you have an official exemption. In the Supreme Court, a judicial case conference is generally needed before a notice of application or supporting affidavit can be served. At that conference the court can mediate disputed issues and make consent orders.

What to do next

• Gather the order, your log and your messages.
• Decide whether you need enforcement, a change, or both.
• Contact a Family Justice Centre or Justice Access Centre about mediation.
• Complete the Parenting After Separation course if you will be in Provincial Court.
• Speak with a lawyer about which remedies suit your order and facts.

Frequently asked questions