Legal Recourse for Non-Compliance with Family Court Orders

When family court issues an order, it expects all parties to comply. These orders are legally binding, covering shared parenting time, visitation, child support, spousal support, and property division; however, instances of non-compliance can arise, creating significant challenges. Understanding your legal recourse in such situations is crucial in protecting your rights and the interests of any children involved. As family lawyers, the team at Linley Welwood navigates the complex terrain of legal recourse for non-compliance with family court orders.

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1. Document the Non-Compliance

When faced with non-compliance, it is essential to have documentation that outlines dates, times, and specific details. We always advise our clients to register their order/agreement with the BC Family Maintenance Agency (BC FMA), as it is a free (taxpayer funded) program that enforces support, collects, garnishes wages, etc. They also have a detailed record-keeping system for clients that can easily be accessed through their FMA account.

2. Attempt Communication

Before taking legal action, resolve the issue through direct communication with the non-compliant party. Non-compliance might stem from misunderstandings or unforeseen circumstances that can be resolved through a clear and calm discussion. Address the issue constructively, focusing on finding a solution rather than escalating the conflict. Effective communication can sometimes prevent the need for further legal intervention.

3. Seek Legal Advice

If communication does not resolve the issue, it is important to seek legal advice. A family lawyer can provide valuable guidance on your rights and available legal options. They can help you understand the steps you need to take to enforce the court order and ensure that you proceed correctly. Legal advice is crucial in navigating the complexities of family law and achieving a favourable outcome.

4. Filing a Motion for Contempt

When informal efforts fail, filing an application for contempt is a powerful legal recourse. This application asserts that the non-compliant party is in contempt of the court’s order. If the court finds the individual in contempt, they can face various penalties, including fines or even jail time, depending on the severity and frequency of the non-compliance. This step underscores the seriousness of adhering to court orders and serves as a deterrent to further non-compliance.

5. Enforcement Mechanisms

BC FMA has several enforcement mechanisms to ensure compliance with family court orders. For example, if child support payments are not being made, the FMA can garnish wages, seize tax refunds, or revoke the non-compliant party’s driver’s license. These enforcement tools highlight the importance of following court orders and protecting the rights of all parties involved.

Feel free to contact the Linley Welwood team for further information about our family law services. Whether you require more insight into what we provide or have questions about your circumstances, we can support you. Simply complete our online form to get in touch, and we will get back to you promptly.