The Other Party Won’t Follow our Court Order – What do I do? Posted onOctober 27, 2022April 5, 2024/ Sarah Robus Book a consultation with us Name Phone Number Email Message Send “Orders are not suggestions” is a common sentiment in family court.In light of the time, money, and effort that is involved in securing a final court order, it is no wonder that someone would become frustrated by the other party’s refusal to comply with its terms.A common question faced by lawyers, is what to do when one party fails to abide by an order – What are the options?One form of legal recourse is to bring a contempt motion, asking the Court to find that the other party is in contempt of the court order. In family law proceedings, motions for contempt are governed by the Family Law Rules. Payment orders may not be enforced by a contempt motion.Being found in contempt is a legal consequence for non-compliance with an order. The goal is to deter individuals who feel that they do not need to comply with some or all of the terms of an order. Parties who fail to comply not only interfere with the court process, but obstruct the course of justice. The consequences for being found in contempt range from fines to jail time. Ultimately, the objective with a finding of contempt is compliance.In determining whether a party should be found in contempt, the Court will consider the following:Was the party aware of the order’s existence at the time of the alleged breach?Did the order clearly and unambiguously state what should or should not be done?Did the party who allegedly failed to comply do so in an intentional way?Was the conduct demonstrated beyond a reasonable doubt? This is in part because findings of contempt are quasi-criminal in nature.It is important to keep in mind that a finding of contempt is a remedy of last resort. The Court found in Hefkey[1] that a contempt finding should be made sparingly and with great caution.In family law cases, the Court will be especially concerned with whether the parties have acted in a way that accords with the children’s best interests. In Jackson[2], The Court noted that a party may be excused for non-compliance if it was objectively in the best interests of the child(ren). The Court also acknowledged the complex emotional dynamics that are involved in family law disputes, and the desire to avoid escalating the conflict further.The importance of complying with the terms of a court order cannot be understated, and the Family Law Rules provide the Court with a range of remedies for non-compliance. That said, the Court will often exercise their discretion to find a party in contempt sparingly, and are hesitant to do so when there are other reasonable options available to send a message that the court order must be followed.If you have more questions related to family law matters, please visit our website or contact Sarah Robus at Devry Smith Frank LLP to discuss any questions regarding family law and your options at 249-888-4642 or sarah.robus@devrylaw.ca.This blog was co-authored by Law Student, Kathleen Judd.“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique, and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situations and needs.” [1] Hefkey v Hefkey, 2013 ONCA 44[2] Jackson v Jackson, 2016 ONSC 3466 Authors Sarah Robus 249-888-4642 249-888-4642 sarah.robus@devrylaw.ca