What Happens If You Break A Parenting Agreement?

February 9, 2022

A family law agreement is a legally enforceable contract. That implies you must follow the instructions. You have the option of filing in the Provincial Court or Supreme Court. Then, it can be enforced as a court order would.

If you violate a court order or legal agreement:

  • The other party may move to court to enforce the agreement
  • You may face severe consequences.

The consequences of disobeying an order will depend on the following factors:

  • what sort of order or agreement you are not following, 
  • what portion you are not following, 
  • what court issued the order or where the agreement was filed, 
  • and if the order was issued under the Divorce Act or the Family Law Act.

If you violate an order or agreement, you should attempt to settle matters with the other party (also known as the other party) on your own.

What Type Of Parenting Plan Violation Can Lead To Contemplation?

A variety of plan infractions can result in contempt. This action may be taken if a parent commits a prohibited activity, such as substance abuse, or fails to take the required action. A person may breach a parenting plan by, for instance, refusing to return the children at the designated time or neglecting to pick them up.

In many instances, parental rights are violated when one parent refuses to adhere to the visiting schedule. This may happen if one parent:

  • Refuses to permit the children to visit with the other parent
  • Does not return the child on time; does not return the child at all.
  • Does not assure that the kid can see the other parent as specified in the parenting plan.

When parents share decision-making responsibilities, breaches might occur when:

  • One parent does not include the other in a choice.
  • One parent withholds information concerning the child's health or welfare from the other (e.g., the child needs surgery)
  • One parent goes against the wishes of the other.

In addition to failing to pay child support, some parents disobey court orders and face contempt charges when they do so. If there is a history of domestic violence, breaking a restraining order may also result in severe contempt of court penalties.

If a parent denies or interferes with custody or visitation without justification, the other parent may file a Motion for Family Access Order with the court. A family access motion can be prepared and filed without the assistance of legal representation. Court clerks will offer an overview of the filing processes and a form for filing a family access motion. In the family access motion, the specifics of the breach of the parenting plan must be outlined. The noncompliant parent will be served with both the motion and a court summons. At the hearing, the court will evaluate if there has been a breach of the custody or visitation order without justification.

Thomas studied Bachelor Studies in Family Life and Child Development. He now spearheads our team of writers and editors and ensures the quality of articles we write here in Mothering21.

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