A court order is a legally binding directive, issued by a judge, that outlines what parties can and cannot do. When it comes to family law court orders, judges can make decisions about divorce terms, decision-making responsibility (formerly custody), child support, parenting time, and more. When your ex fails to abide by the requirements set out in a court order, it can cause you both emotional and financial stress as you figure out how to address their behaviour.
In Alberta, there are multiple legal options for individuals whose exes refuse to comply with a court order. By understanding the consequences for failing to abide and the legal enforcement mechanisms you may pursue, you can feel more confident navigating your conflict.
At Verhaeghe Law, our Edmonton family lawyers have years of experience helping families navigate separation, divorce, and court proceedings. If your ex is not following your court order, we can help you pursue legal recourse. To discuss your situation and receive tailored legal advice, schedule a consultation with our lawyers today.
What Happens if Someone Doesn’t Follow a Family Court Order in Alberta?
There is a range of legal consequences for individuals who fail to follow court orders in Alberta. The severity of the punishment someone faces will likely depend on the court order in question and the violation they have committed. When it comes to family law orders, consequences for non-compliance may include:
- Fines (up to $25,000)
- Jail time
- Loss of decision-making responsibility or parenting time
- Court-ordered compensation or financial penalties
- Additional legal costs
- And more
Someone may be imprisoned when they are found to be in contempt of court. This occurs when they deliberately disobey a court order. Police are also allowed to intervene when it comes to matters involving child safety. If an individual violates decision-making responsibility, parenting time arrangements, or a restraining order, they may be detained or charged.
How to Enforce Family Court Orders in Alberta
If you intend to take action against an ex who has violated a family court order, there are multiple avenues you can pursue. Again, the enforcement measure will relate to the court order itself and your ex’s violation.
To take initial action to address non-compliance, you may need to:
- Document violations committed by your ex
- Record any communications you engage in with your ex
- File a Notice of Motion for contempt in court
Motions for contempt are a type of civil enforcement that proceed through Alberta courts. They often apply to the enforcement of decision-making responsibility or parenting time orders when they have been violated. Your lawyer will know what evidence to collect to illustrate your ex’s noncompliance, as well as how to submit the Motion for contempt. It is highly recommended that you work with a legal professional when pursuing a Motion for contempt, especially if your situation involves complex or repeated violations.
Other options for enforcing family law orders in Alberta include:
- Maintenance Enforcement Program (MEP): The MEP handles child and spousal support enforcement in the province. If your ex fails to comply with child or spousal support requirements, the MEP may undertake wage garnishment, license suspensions, passport suspensions, liens, and more. To register for services under the MEP, the qualifying criteria include:
- You or the other party reside in Alberta
- You are either a payor or a recipient of partner support, child support, or spousal support
- You have filed a court order for support, a Maintenance Order, or a Maintenance Agreement
- Alternative Dispute Resolution: If you can communicate reasonably well with your ex, you may consider alternative dispute resolution. This may include mediation, collaborative family law, or arbitration. With ADR, you are expected to openly negotiate the terms of an order or your ex’s behaviour before taking court action.
Regardless of the situation you’re facing, an experienced family lawyer will be able to help. Legal professionals will understand the severity of the violation your ex has committed, what evidence can be gathered, and which enforcement mechanism to pursue.
Has Your Ex Failed to Follow a Court Order? Take Action to Protect Your Rights
It’s important to remember that Alberta law provides enforcement tools for those facing issues of non-compliance. When your ex fails to follow a court order, there can be serious legal and financial consequences. You must act quickly and document all violations to help preserve your rights.
If your ex isn’t following a court order, Verhaeghe Law’s experienced family lawyers in Edmonton can help you take the right legal steps. Book a consultation today to discuss your options and protect your family’s well-being.