What Happens if My Ex Breaks a Mediated Parenting Agreement in BC?

You worked out a parenting plan in mediation, and now your ex is not following it. It is stressful, and it is natural to wonder whether the agreement means anything without a judge's signature.

This article explains how the Family Law Act treats these agreements in British Columbia and what options may be available. It is general information, and a lawyer can look at your actual documents.

This article covers the law of British Columbia.

Is the agreement binding?

An agreement respecting a family law dispute is binding on the parties, subject to the Act, and the Act sets further conditions for specific kinds of agreement. A written agreement means one that is in writing and signed by all parties.

For parenting arrangements, the agreement is binding only if it was made after separation, or when the parties were about to separate and intended it to take effect on separation. A mediator's notes or a verbal understanding is not the same as a signed written agreement, so check what you actually signed.

Filing the agreement so it can be enforced

A written agreement about parenting arrangements that is filed in court is enforceable as if it were a court order. In the Supreme Court, a written agreement under the Family Law Act is filed by attaching it to a requisition in Form F17.1, and the court may then enforce the filed agreement on application.

The court's power to review the agreement

Even a filed agreement is not untouchable. The court must set aside or replace all or part of a parenting-arrangements agreement if it is satisfied the agreement is not in the child's best interests. The same applies to filed contact agreements.

If circumstances have changed since you signed, how that affects your agreement depends on your situation, so it is worth confirming with a lawyer. Family justice counsellors can help people obtain or change a Provincial Court order, and they do not provide legal advice.

When a court order may be a better step

A court may incorporate all or part of a written agreement into an order, and where an agreement and a later order differ, the order replaces the part of the agreement that provides differently. If you and your ex still agree on the terms, you can ask for a consent order. In Provincial Court that is made in Form 17 with a draft order in Form 18 signed by the parties or their lawyers. In the Supreme Court, the applicant files a requisition in Form F29 and a draft order in Form F33, along with evidence of consent.

For Provincial Court orders, remedies for non-compliance can include security, payment of expenses and fines not exceeding $5 000. A party may appeal a Provincial Court order to the Supreme Court within 40 days, except for an interim order.

Some steps may come before a contested application. Supreme Court applications generally require a judicial case conference first, but applications for a consent order are exempt. In an Early Resolution Registry, you generally complete a needs assessment and a parenting course, and a dispute resolution session if appropriate, before filing.

What to do next

• Find the signed agreement and check whether it is dated after separation.
• Write down each missed exchange or broken term, with dates.
• Keep communication with your ex calm and in writing.
• Contact a family justice counsellor, whose services are free.
• Ask a lawyer whether to file the agreement or seek a consent order.
• If you feel unsafe, tell the professional you consult, who must assess for family violence.

Frequently asked questions