Enforcing a Family Court Order in Ontario: Your Options

A court order is not a suggestion. When an ex ignores a parenting schedule or stops paying support, it can feel as though nothing can be done. In fact, Ontario's family courts have a range of tools, and which one fits depends on what kind of order is being ignored.

This article walks through the main options in plain language. The right step in your case depends on the wording of the order, the evidence you have and the court involved, so it is worth getting advice before you file anything.

Start with the type of order

The first question is whether the order is about money or about something else. Support orders have a built-in enforcement agency. Parenting orders and most other orders are enforced through the court itself.

Support orders and the Family Responsibility Office

Support orders are automatically filed with the Family Responsibility Office. You do not usually have to start enforcement from scratch. The FRO can use several tools.

• Garnishing bank accounts.
• Having a driver's licence suspended.
• Asking the federal government to suspend a passport and other federal licences.
• Reporting to the credit bureau.

At a default hearing, the payor can be ordered to go to jail for up to 180 days. If the paying parent appeals the order, serving a notice of appeal does not stay a support order or an order enforcing support, although other payment orders are stayed until the appeal is decided.

Parenting orders and contempt

If a person fails to obey an order, the family court may make any order it considers necessary. The Family Law Rules list examples, including costs, a penalty or fine, dismissing a claim, striking out documents, barring further orders for that party, postponing the trial, or a contempt order sought under rule 31.

An order other than a payment order may be enforced by a contempt motion. If contempt is found, the court may order imprisonment for any just period and on any just conditions, a fine, or payment of a penalty to a party.

There are limits. Contempt penalties under CLRA s. 38, FLA s. 49 or FRSAEA s. 53 cannot exceed what those Acts allow. For the Ontario Court of Justice, CLRA s. 38 and FLA s. 49 cap penalties at a $5,000 fine and 90 days' imprisonment.

Contempt is a serious step with its own procedure, and the person bringing it must be ready to prove the breach. It is not always the best first move, and sometimes a different order, or clearer terms, does more to fix the problem.

When a child is being withheld

Where a child is unlawfully withheld, the court may direct a police service to locate, apprehend and deliver the child to the person named in the order. This is not an everyday remedy and it depends on the order's wording and the facts. If a child's safety is at immediate risk, call the police.

What to do next

• Keep a dated record of each breach: what the order says, what happened, and any messages or witnesses.
• Get a copy of the order and check the wording carefully. Vague terms are harder to enforce.
• Do not take matters into your own hands. Keep following the order yourself, even if the other person is not.
• Contact a Family Law Information Centre for information on court processes. Its coordinators refer you to services but do not give legal advice.
• At the courthouse, Legal Aid Ontario duty counsel and advice counsel may give 20 minutes of advice, whether or not you qualify for legal aid, though availability varies by courthouse.
• If you are a victim of domestic violence, a Family Court Support Worker may help you prepare and plan for safety, including getting to and from court.

Judges and court staff cannot give legal advice, so it helps to speak with a lawyer before you decide between the FRO, a contempt motion or another route.

Frequently asked questions