Family Law Contempt Motions in London, Ontario

People will often ask how to enforce a family court order in Ontario. Contempt motions are one way to do that. If, on the other hand, you’re facing a contempt motion filed against you by somebody else, it’s important to understand the seriousness of a possible finding of contempt, and to seek legal advice immediate.

What is Contempt of Court?

On TV we often see judges telling lawyers or parties that they will be “held in contempt”. Those who are not lawyers may be unsure about what qualifies as being “contempt of court”.

Contempt or contempt of court means that a party is acting in a way that shows disrespect to the court’s authority or that obstructs or hinders justice. Contempt of court in family law is most often the breach or disobeying of a court order.

On TV and in movies, we see parties and lawyers being held in contempt for speaking out or turn, being disrespectful, or refusing to answer a judge’s questions. While these are valid examples of contempt of court when taken to the extreme, it is rare in Ontario for these things to happen. The vast majority of parties and lawyers conduct themselves in a courteous and respectful manner in court. In family court matters, a contempt motion can be brought when a party is not complying with a court order, and this can be a useful tool for enforcing orders if an ex-spouse or parent is not complying with the court’s decisions and directions, and you have exhausted your other options.

Contempt in Family Law Cases

In 2016, the Ontario Superior Court of Justice considered what contempt of court is in family law proceedings. In Jackson v Jackson, the mother asked for the father to be found in contempt for breaching the terms of their temporary access orders and for making continuous attempts to limit her access to squeeze her out of her children’s lives.

Examples of contempt can include failing to provide financial disclosure when ordered to do so, failure to pay child support, and failure to follow an order of temporary custody, etc.

The court then went through the five elements of the test for “civil contempt” of a family court order. The elements must be proven beyond a reasonable doubt because civil contempt is a quasi-criminal proceeding, and the party against whom the contempt motion is brought is entitled to ask for a live hearing, where actual testimony and evidence is heard, unlike most other motions which are decided based on affidavit and documentary evidence alone.

The five elements of civil contempt of a court order are:

1. Was there an enforceable court order? This one seems obvious, because if there was no court order in existence, there was nothing to be in contempt of.
2. Did the person who allegedly breached the court order have actual knowledge that the court order existed?
3. Was the court order in question clear and unequivocal about what should or shouldn’t be done? If the language of the order is vague, that will be a problem when proving contempt. (This is also a reason why it is important to have a family law lawyer draft any orders that you are asking the Court to make on consent during negotiations!).
4.  Did the person accused of contempt either directly breach the court order themselves, or do something that would prevent the order from being carried out or followed?
5. Was the breach willful and deliberate? Accidental breaches or breaches because of unavoidable circumstances beyond the party’s control likely will not be found to constitute contempt.

In Ontario, the consequences for contempt of court in family law cases are set out in section 31 of the Family Law Rules.

How a London Ontario lawyer can help

Filing Contempt Motions in Family Court

A careful examination of both the court order itself and the circumstances of the breach has to be carried out to determine whether there is a good case to ask for a contempt order against the other party. A knowledgeable family law lawyer can help with this, and can also help you pursue other ways of enforcing court orders if you are being frustrated by an ex-spouse or a parent who is refusing to fulfill their obligations toward you or your children. Eric Vallillee can help you review the situation and bring a motion for contempt in London Family Court cases.

Defending Family Court Contempt Motions

If you have been served with papers that say you have breached a court order and that ask the Court to find you in contempt, it is also very important that you consult with a family lawyer right away. The consequences for being found in contempt of court can be severe. If you need to defend a family court contempt motion in London, Ontario call 519-488-5263 or toll-free 1-866-428-1063 to discuss your case and book an intake appointment.

London Lawyer Handling Contempt Motions

If you have a family law matter in London, Ontario and need help filing or defending a contempt motion, contact me at 519-488-5263 or toll-free at 1-866-428-1063. Private billing arrangements are available, and legal aid is also accepted.