1. Understanding Court Order Violations
Court orders in family law matters are legally binding. When one party fails to comply with a court order, there are legal remedies available to enforce compliance. However, not every disagreement constitutes a violation.
What Constitutes a Violation
- Deliberately refusing to follow specific order terms
- Consistently being late or missing exchanges
- Denying court-ordered parenting time
- Not paying court-ordered support
- Violating restrictions on relocation or travel
2. Common Types of Violations
Parenting Time Violations
- Denying scheduled visits
- Consistently late drop-offs/pick-ups
- Refusing to communicate about children
- Interfering with phone/video contact
- Making unilateral schedule changes
Financial Violations
- Not paying child support
- Not paying spousal support
- Failing to share Section 7 expenses
- Not providing income disclosure
- Hiding assets from division
3. Documenting Violations
Proper documentation is critical for any enforcement action. Courts require clear evidence of violations.
Documentation Checklist
- Dates and times: Keep a detailed log of every incident
- Communications: Save all texts, emails, and voicemails
- Witnesses: Note anyone who observed the violation
- Financial records: Bank statements showing missed payments
- Photos/videos: Document condition of children if relevant
4. Enforcement Options
Alberta provides several mechanisms to enforce court orders:
- Contempt application: Ask court to find the person in contempt
- Variation application: Modify the order to address ongoing issues
- Maintenance Enforcement Program: For support payment enforcement
- Police assistance: In urgent situations involving child safety
5. Contempt of Court
Contempt is a serious finding that can result in significant penalties:
- Fines
- Community service
- Costs awards
- Imprisonment (in severe cases)
- Changes to custody arrangements
The court must be satisfied beyond a reasonable doubt that the person knew about the order, understood it, and deliberately chose not to comply.
6. Frequently Asked Questions
Violating a court order in Alberta can result in contempt of court, which may lead to fines, community service, or even jail time. The court takes violations seriously, especially those involving children's welfare or safety.
To enforce a custody order, you can file a contempt application with the Court of King's Bench. Document all violations carefully with dates, times, and evidence. In urgent situations involving child safety, you may need to contact police.
No. Child support and custody are legally separate issues. You cannot withhold child support because the other parent is denying access. Both obligations must be met independently, and both violations can be enforced separately.