The Consequences of Ignoring an Order Following a Family Law Dispute

Findings of disobedience of an Order in family law disputes are - undoubtedly to many - surprisingly common. It is for this reason that it is crucial that individuals involved in family disputes are made aware of the importance of abiding by a Judge’s Order. 

As mentioned in last month’s family blog, the factor that is of utmost importance to the Family Court in parenting proceedings remains the best interests of the child or children involved. If at any point in time following the administration of an Order in a family dispute, it is evident that one or both parents have exhibited characteristics that run contrary to the best interests of the child, that parent may face severe consequences.

How severe exactly, you may ask?

Well, in some circumstances, the Family Law Rules permit judges in Ontario to prevent individuals from participating in their own proceedings. The Rules may also permit a judge to order, without limitation, imprisonment, payment of a fine or penalty or to do anything else that the court decides is appropriate.1

What’s the bottom line? Do not ignore a Judge’s Order in Family Court.

Judges have made clear in many cases over the years that Orders are to be followed with strict obedience and that they are not mere suggestions. As such, disobeying one demands consequences.

The Courts have emphasized that non-compliance with an Order in Family Court is unforgiving, in that the size of payment or the amount of orders breached, for example, do not have an impact on a judge’s decision. Despite very limited circumstances in which an exception under the Rules may apply, non-compliance with even a single Order may be sufficient for awarding penalty. 

Family Law disputes can be an extremely difficult and emotional process for the parties involved. This often makes compliance with Orders all the more difficult to achieve. Given that the consequences of ignoring an Order can be severe and unforgiving, it is important to understand what constitutes compliance.

In parenting disputes, the law currently requires custodial parents to take reasonable steps to promote and encourage access with the other parent (for the purposes of the child or children). 

What is reasonable?

This includes ensuring that each parent takes all steps to promote compliance with the Order, regardless of the age of the child. In some disputes, it may be natural to assume that a child or children may disagree with the ramifications of an Order and as such, refuse to comply. Offering incentives for compliance is one way in which a parent can exhibit reasonable steps to achieving access in complying with an Order. Failing to obey an Order may find a custodial parent in contempt for not taking all reasonable steps to ensure that access takes place.

For more information on abiding by a Judge’s Order in family disputes, contact the family lawyers in Vaughan at Sutherland Law.

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1Subrule 31(5) of the Family Law Rules