Failure to follow a court’s direction can cause you to lose some or all access to your child. Make sure you are not in contempt of an access order.

Access order in Ontario is a legal agreement that outlines the terms and conditions under which a non-custodial parent or guardian can have access to their child. These orders are typically put in place following a separation or divorce, and they are legally binding. Non-compliance with an access order can result in a charge of contempt of court, which is a serious offence that can result in fines, jail time, and other legal consequences.

If you are found in contempt of an access order in Ontario, you may face penalties such as fines or imprisonment, and you may lose some of your rights as a parent or guardian. In some cases, you may even lose all of your rights to see your child. It’s important to note that an access order is a legal document, and it must be followed as outlined. If you believe that the terms of the order are unfair or unreasonable, you should speak with your lawyer about filing a petition to have the order amended. However, simply ignoring the terms of the order is not an option and can lead to serious consequences.

Terms of an access order

If you are not following the terms of an access order in Ontario, the custodial parent or guardian may file a motion with the court, alleging that you are in contempt of the order. The court will then review the motion and determine whether or not you have violated the terms of the order. If the court finds that you have willfully disobeyed the order, you may be found in contempt.

If you are found in contempt of an access order in Ontario, the court may impose a variety of penalties, including fines, community service, or even imprisonment. In addition, the court may modify the terms of the access order to restrict your access to your child.

It’s important to follow the terms of an access order in Ontario if you are a non-custodial parent or guardian. Failure to follow the order can result in serious legal consequences, including fines, imprisonment, and the loss of your rights as a parent or guardian. If you believe that the terms of the order are unfair or unreasonable, you should speak with your lawyer about filing a petition to have the order amended. However, it is never acceptable to simply ignore the order, and non-compliance can lead to serious legal and personal consequences.

What is the punishment for contempt of court in Ontario?

The punishment for contempt of court varies depending on the severity of the offence and the discretion of the court. The court has the power to impose fines, imprisonment, community service, and other penalties to address contempt.

For civil contempt, such as failing to comply with an access order, fines, imprisonment, or both can be imposed by the court. The amount of the fine and the length of the imprisonment depends on the severity of the contempt.

Additionally, the court may modify the terms of the access order, restricting the non-compliant party’s access to their child, and ordering them to pay the other party’s legal costs.

It’s important to understand that contempt of court is a serious offence in Ontario and can have significant legal and personal consequences. Therefore, seeking the advice of a lawyer is crucial for anyone facing allegations of contempt of court.

What is a motion for contempt in Ontario?

A motion for contempt is a legal proceeding that one party can file against another party who has failed to comply with a court order or judgment. The primary goal of a motion for contempt is to request that the court find the non-compliant party in contempt of court.

The non-compliant party is usually given notice of the motion and has an opportunity to respond. If the court finds that the party has willfully disobeyed the court order, the party may be held in contempt of court.

Contempt of court in Ontario can result in a variety of penalties, such as fines, imprisonment, or both. The court may also modify the terms of the original order or judgment to restrict the non-compliant party’s access to their child or limit their rights in other ways.

It’s essential to note that a motion for contempt should only be filed when the non-compliant party has deliberately disobeyed the court order and not when the party is unable to comply due to uncontrollable circumstances. In Ontario, seeking advice and guidance from a lawyer is highly recommended when filing a motion for contempt.

When your children have three “parents”

Ontario Superior Court of Justice changed an access order after a young boy’s father and stepmother involved him in their arguing.

The father’s access was cut back from several days to four hours weekly, under supervision. Here’s what you need to know as an ex-spouse and parent.

This case is evidence of what can happen when an access order is not followed.

The Ontario couple’s relationship began in 2000, waxing on and off until they married in 2014. In between, the father had a son, J., with another partner.

Nevertheless, the couple and J. began living together in 2010 and, in 2012, the couple had children of their own. The couple split in August 2017.

J.’s natural mother died in October 2017, traumatizing her son, who found her body.

Access Order Disobedience: Are You in Contempt?

Ten months later, J.’s stepmother applied to the court to have J. spend five days every second week, and any other time the couple agreed on, with her and his brothers. J. lived with his father, his primary caregiver, the rest of the time.

His stepmother returned to court nine months later, in April 2019, bringing a motion for contempt against J.’s father. The court heard the father had breached his access and communications order.

The father countered, asking the court to change J.’s access schedule. The request was dismissed and the father gave seven weeks to show he could abide by the court’s orders.

What happens when the court finds you in contempt?

The case could have stopped there. Giving the father time to “purge” the contempt order was an opportunity to show he could do better.

Instead, when the court reconvened in May 2019, the stepmother sought a 10-day prison term for her ex-spouse, along with court costs. She argued he had not changed his ways. Her ex disagreed.

Even if he had not purged the order, he said, he should only pay a fine or penalty, not go to jail and should have his court costs paid. The Office of the Children’s Lawyer (OCL) was called in for their opinion.

So how did this couple get this far in their dispute?

Contempt, as the court pointed out, is a serious and “quasi-criminal” charge. Quasi-criminal means the court can punish someone as if their actions, or failure to act, were criminal.

The judge found this father intentionally violated the court’s clear orders about his access to and communications with J. He was

concerned the parents argued in front of J. and discussed adult conflicts with the 11-year-old. He determined the father also failed to listen to the OCL.

Contempt of An Access Order

Courts often reach back to other cases for guidance. The judge cited a family law case on contempt of an access order:

“In this environment (of bitterness and betrayal) it is all too easy for a spouse to believe that he or she “knows what is right”, even after a matter has been determined by the court, and to decide to ignore, disobey or defy that determination.

Those who choose to take this tack must know that it will not be tolerated.”

For the father, the issue was one of his son’s desires not to visit his stepmother. The father explained he had discussed access with his son, but J. wanted to spend more time with his friends and go to his stepmother’s whenever he pleased.

The mother called foul. She said her ex discouraged J. from visiting and shared the couple’s often angry text messages with the boy.

More angry words were exchanged when the son and father phoned the stepmother in May 2019. Court heard the father told his ex J. did not want to be around her. J. called her foul names on the phone, the stepmother said.

When the Office of the Children’s Lawyer gets involved

With the OCL now involved, J. was asked about his wishes and preferences. After going back and forth with the OCL investigator, he recounted the phone exchange.

J. said he only wanted to go to his stepmother’s to see his brothers. His behaviour at school had declined and he had been expelled.

Despite J.’s feelings toward his stepmother, the judge found the father had not done what was necessary to fix the contempt finding.

He ruled the father had interfered with the stepmother’s access to J. and involved him in adult conflicts by showing J. the text messages.

The judge accepted that J. was upset. Like the OCL, he felt the boy had taken sides to stop the couple from quarrelling.

The deciding factor in family law is the best interests of the child. In this case, the court sought to restore the stepmother’s access rights and penalize J.’s father.

A remedy was also needed that sent a message to other parents that “flouting” family law would not be allowed.

Contempt of an access order

First off, the judge rejected the stepmother’s request to strike the father’s evidence from the court record. With future court dates planned, the court felt it was important to have all the facts on file.

Ruling that the couple’s conflict was hurting J. at home and school, the court ordered that it be stopped. Or the Children’s Aid Society would be asked to intervene.

The couple was ordered not to communicate directly and the stepmother asked to name a third party as a go-between. The father’s access to his son was limited to four hours weekly, at a youth centre or with someone present.

And, he was prevented from contacting J. directly, by phone or text and from going near his ex’s home. The father also had to keep the peace, be of good behaviour and abide by court orders.

Court costs were awarded to the stepmother.

Failing to follow an access order can cause you to lose valuable time with your children.

If your ex is not doing what the court ordered them to, contact a lawyer. They can help you take steps to explain your point of view to a family court judge.

In contempt of an access order? Want to learn more about family law? Talk to a law firm.

Author: Alistair Vigier is the CEO of ClearWay Law