Ex Not Following Your Parenting Order in BC: Enforcement Options

When your ex ignores the schedule in a parenting order or agreement, it is stressful and it can feel like nothing can be done. The Family Law Act does give the court tools to respond, but the right one depends on what is happening.

A quick note on numbering: people often talk about enforcement under section 64, but the remedies for wrongful denial of parenting time or contact are in section 61. Section 64 deals with orders to prevent a child being removed. This article walks through both, and explains how to start an application.

This article covers the law of British Columbia.

Start with exactly what your order or agreement says

Enforcement starts with the paper. Before you act, re-read the order or agreement and note which term was broken, when, and what happened. A written agreement filed in court is enforceable as if it were a court order.

Keep a simple record: dates, messages, missed handovers and any expenses you had. This is practical advice, and it will help you or a lawyer explain the problem clearly.

When your parenting time or contact is wrongly denied

If you are entitled to parenting time or contact under an agreement or order and it is denied, you may apply to the court within 12 months after the denial.

If the court finds the denial wrongful, it may order any of the following:

• family dispute resolution or counselling
• compensatory (make-up) time
• reimbursement of expenses
• supervised transfers of the child
• security or reporting
• a payment or a fine of up to $5,000

When a denial is not wrongful

The court does not treat every missed visit as wrongful. A denial is not wrongful in situations such as these:

• the guardian reasonably believed the child might suffer family violence, or that the person was impaired by drugs or alcohol
• the child was ill and a medical practitioner or nurse practitioner gave a written statement that the visit was inappropriate
• the person repeatedly failed to exercise their time in the previous 12 months without notice or excuse
• the person said in advance that the time would not be exercised
• other circumstances the court finds sufficient

If you are the parent who withheld time, these exceptions matter, but the court decides whether they apply to your facts. A lawyer can help you assess that.

Other problems the Act addresses

If someone repeatedly fails to exercise the parenting time or contact they are entitled to, the court may order dispute resolution, counselling, supervised transfers, reimbursement of others' reasonable expenses, or security or reporting.

If you fear a child may be taken away, the court may order that a person not remove the child from a specified geographical area. If it is 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, or transfer of property or child support to a trustee.

If the order itself no longer works, a parenting order can be changed, suspended or terminated if there has been a change in the needs or circumstances of the child. A parent should not simply stop following an order because it is inconvenient.

What to do next

• Gather the order or agreement and your record of what went wrong.
• Check the 12-month time limit for wrongful denial and act promptly.
• Consider whether a conversation, mediation or counselling could resolve it first.
• In Provincial Court, enforcement uses Form 29, Application about enforcement.
• In Supreme Court, a family case starts with Form F3, Notice of Family Claim.
• Speak with a lawyer about which court and remedy fit your situation.

If you or your child are in danger, contact police or emergency services first.

Frequently asked questions