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Understanding Contempt of Court in Family Law

Wooden figures representing a separated family stand near a legal gavel, illustrating the complexity of understanding contempt of court.

If someone in your life has failed to follow a court order, you may be wondering what your legal options are and how seriously the courts take that kind of non-compliance. Family law disputes can be difficult enough without having to deal with a party who won’t abide by an agreement that a judge has already approved.

Knowing what constitutes contempt of court in family law is an important starting point for anyone navigating such circumstances. In this guide, Wilson Rasmussen LLP will explain the core concepts involved, what the courts look for, and what may happen when a family court order is breached. If you’re looking for guidance, speaking with a family law attorney may be a helpful first step.

What Is Contempt of Court?

Contempt of court in the context of family law refers to a situation in which a person fails to comply with a court order. In Canada, courts have the authority to enforce their own orders, and willful disobedience of those orders may be treated seriously. The purpose of contempt proceedings is generally to encourage compliance rather than to punish, though penalties are possible.

A breach of a court order does not automatically result in a contempt finding. The court must be satisfied that the person was aware of the order, that the order was clear, and that the failure to comply was intentional rather than accidental.

Common Actions That Can Lead to Contempt

Several types of non-compliance in family law matters may give rise to a contempt application. Here are some examples of situations that courts may consider.

Failing To Follow a Parenting Order

When a party repeatedly refuses to allow the other parent access to a child as set in a parenting order, that conduct may be raised in contempt proceedings, a process that becomes significantly more complex when estate planning for blended families is involved. Courts in Canada take parenting arrangements seriously, as they are made with the child’s interests in mind.

Non-Payment of Support

Persistent failure to pay child or spousal support as ordered may lead to enforcement proceedings under provincial legislation, which may also require disclosure under the proposed federal beneficial ownership registry for corporate interests. In British Columbia, the Family Maintenance Enforcement Program may also become involved in support enforcement, separately from contempt proceedings.

Violation of Restraining Orders

Breaching a restraining order or no-contact provision is another action that may be brought to the court’s attention. In family violence cases, these violations may intersect with criminal law as well, creating overlapping proceedings across different parts of the justice system.

Failure To Disclose Financial Information

Courts sometimes order parties to provide financial disclosure as part of family proceedings. Refusing to comply with such an order may also be considered a breach of a court order in certain circumstances, especially if property involved in the dispute is subject to BCs new house flipping tax reporting.

What the Courts Look For

Before finding contempt, a court will typically examine several factors. The standard of proof in civil contempt proceedings is generally beyond a reasonable doubt, which is a relatively high threshold.

Courts often consider:

  • Whether the order was clear and unambiguous
  • Whether the person had knowledge of the order
  • Whether the non-compliance was intentional rather than inadvertent
  • Whether there were circumstances that may have made court order compliance difficult or impossible

Potential Penalties

If contempt is found, the consequences can vary widely depending on the circumstances. Courts have broad discretion and may impose:

  • A fine
  • A requirement to perform community service
  • A suspended sentence
  • In more serious cases, a period of incarceration

Courts in Canada generally prefer remedies that encourage future compliance over punitive measures, particularly when children are involved in the underlying dispute.

Common Defence Strategies

A person facing a contempt application may have grounds to respond. Common defences include arguing that the order was unclear, that compliance was impossible due to circumstances outside of their control, or that the breach was not willful. Partial compliance or a demonstrable effort to comply may also be relevant to the court’s analysis.

Let Wilson Rasmussen LLP Review Your Case

Understanding what constitutes contempt of court in family law may help you assess your situation and determine what steps, if any, are available to you for legal recourse. Those dealing with non-compliance in a family law matter may benefit from reviewing their options with a seasoned lawyer. You can also read more about understanding consent orders in our blog post.

Wilson Rasmussen LLP is a family law firm serving clients in the Surrey, BC, area. If you are seeking representation on family law matters, you may contact us at (604) 583-7917 to schedule a consultation.