Author: Larissa Sleva
Court orders and filed family law agreements in British Columbia are legally binding. If a person does not follow them, the other party can apply to court to enforce compliance and serious consequences may follow.
The outcome depends on the type of order, what part is not being followed, and whether it was made under the Divorce Act or Family Law Act. Courts also consider whether the issue is isolated or part of ongoing non-compliance.
In most cases, parties are encouraged to try to resolve issues first before going to court, especially where misunderstandings or changing circumstances are involved. However, repeated breaches, unpaid support, or unresolved parenting disputes often require legal intervention.
Failure to Pay Support
If child or spousal support is not paid, the receiving party can register with the BC Family Maintenance Agency (BCFMA). BCFMA can enforce payment by:
- Garnishing wages, tax refunds, or bank accounts
- Suspending a driver’s licence
- Restricting property transactions
- Collecting arrears and ongoing support
Importantly, support obligations continue regardless of parenting disputes. A parent cannot stop paying support due to issues with parenting time, and parenting time cannot be withheld due to unpaid support.
Parenting Order or Agreement Issues
Parenting arrangements can break down for many reasons, including unclear terms, life changes, or safety concerns. Where possible, parties are expected to address issues through communication or family dispute resolution services such as mediation or counselling. If the order no longer works, an application to vary it should be considered. Simply ignoring it can lead to serious consequences.
Denying parenting time is generally not permitted unless there are serious safety concerns (e.g., family violence, substance abuse, or immediate risk to the child).
If parenting time is wrongfully denied, the court may order:
- Make-up parenting time
- Mediation or counselling
- Supervised exchanges
- Financial compensation
- Fines or payments up to $5,000
- Contempt of Court (Supreme Court Orders)
If a Supreme Court parenting order is repeatedly ignored, the court may find a party in contempt. Penalties can include fines or imprisonment, depending on the severity.
Key Takeaway
If you believe the other party is not complying with a court order, the best approach is usually to address the issue early – through negotiation, mediation, or a court application to vary the order. Ignoring a court order can lead to significant legal and financial consequences.
We Can Help
Life changes. Employment, health issues, children’s schedules, and family circumstances can all affect the practicality of existing orders and agreements, but simply deciding not to follow a court order can create significant legal and financial consequences.
If you are dealing with unpaid support, denied parenting time, repeated breaches of a court order, or concerns about relocation, obtaining legal advice early can often prevent a difficult situation from becoming much worse.
Our family law team regularly assists clients with both enforcing and varying family law orders throughout British Columbia. We can help you understand your options and develop a strategy that protects both your rights and your children’s best interests.
