My Ex Is Not Following the Parenting Order in BC: Your Options

It is deeply frustrating when a parenting order is treated as optional: missed handovers, last-minute changes, or time you are simply not given. You may be wondering what the law actually lets you do about it.

This article walks through how to document what is happening and the options in British Columbia's Family Law Act. It is general information, and a lawyer can tell you which steps fit your facts.

This article covers the law of British Columbia.

Start by reading what your order says

Enforcement depends on what the order or agreement actually requires. Parenting time is the time a child is with a guardian as allocated under an agreement or order, and during it the guardian generally makes day-to-day decisions unless the agreement or order says otherwise. Courts can also allocate parental responsibilities and set how the arrangement is carried out.

A written parenting agreement filed in court is enforceable as if it were a court order. A parenting agreement is binding only if it was made after separation, or when the parties were about to separate and it is meant to take effect on separation. How this applies to an agreement you have depends on your situation, so it is worth confirming with a lawyer.

Document what is happening

Clear records are the foundation of any enforcement application. Keeping dates, times and details in one place also helps a lawyer see quickly what has happened.

• Keep a log of each missed or changed handover: date, time, what the order required and what happened.
• Save texts and emails, and keep your own messages calm and factual.
• Record any reasons the other parent gave, since some reasons can matter legally.
• Note any expenses caused, such as cancelled travel or extra child care.
• Keep copies of the order, any agreement and anything filed in court.

Enforcement options under the Family Law Act

If you are entitled to parenting time or contact and it is wrongfully denied, you may apply within 12 months after the denial. The court may order family dispute resolution, counselling, compensatory time, reimbursement of expenses, supervised transfers, security or reporting, and payment or a fine of up to $5,000. In Provincial Court, enforcement uses Form 29 Application about enforcement.

A denial is not wrongful in some situations, including a reasonable belief that the child might suffer family violence, or that the applicant was impaired by drugs or alcohol, or where the applicant repeatedly failed, in the previous 12 months, to use their time without notice or excuse. Expect the other parent to raise these if they apply.

The Act also deals with the opposite problem. If a person repeatedly fails to exercise entitled parenting time or contact, a court may order dispute resolution, counselling, supervised transfers, reimbursement of others' reasonable expenses, or security or reporting.

Where section 64 fits

The wrongful-denial remedies described above are in section 61. Section 64 is titled Orders to prevent removal of child.

Under it, a court may order that a person not remove a child from a specified geographical area. If satisfied that a person proposes to remove the child from BC and is unlikely to return, it may order security, surrender of passports and travel records, transfer of property to a trustee, or payment of child support to a trustee. It does not apply to a relocation under Division 6.

Relocation has its own rules. A guardian planning to relocate a child must give other guardians and contact persons at least 60 days' written notice stating the date and proposed location, although the court may exempt the notice where it would risk family violence or there is no ongoing relationship. The child may be relocated on or after the date in the notice unless another guardian applies to the court to prohibit it within 30 days of receiving notice. Because that deadline is short, get advice promptly if you receive a notice.

Other steps and what to do next

If the order no longer works, it may be better to change it than to keep enforcing it. A parenting order can be changed, suspended or terminated if there has been a change in the needs or circumstances of the child. If a parenting coordinator is involved, written determinations filed in court are enforceable as an order.

• Confirm exactly which terms are being broken and when.
• Check the 12-month window for any denial you want to raise.
• Speak with a lawyer about whether to apply for enforcement, a change to the order, or both.
• In Provincial Court, a Parenting After Separation certificate is generally required before moving forward with an application, unless an exemption applies.
• Keep following the order yourself while you pursue enforcement.

Frequently asked questions