How to Enforce a Parenting Order in Alberta Canada?


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It can become challenging to make visiting arrangements for the child when its parents no longer live together. That is where the parenting order Alberta comes in.

On October 1, 2005, The Family Law Act came into effect. Under this law, the act refers to “parenting” and “contact” instead of “access” and “custody.” Let’s know the details.

What is a parenting order?

A parenting order can help a child spend time with both parents after separation. It also gives the parents to make important life decisions for the child.

So, a parenting order can be highly beneficial and significant for a child. If a court issues a parenting order and one parent doesn’t abide by it, the other can enforce a parenting order.

Thus, both married and unmarried couples can file applications to enforce a parenting order in Alberta, Canada. If the parents are going through a divorce, it is better to apply for the divorce action.

Let’s know how to enforce a parenting order.

Enforcing a Parenting Order in Alberta, Canada

A parenting order is relatively new for many parents. It promotes both parents’ involvement with the child. When a child’s guardians (typically parents) reside apart and require help cooperating in the child’s upbringing, the court may issue a Parenting Order. Parenting time and obligations can be divided between the parents under a Parenting Order.

Thus a Parenting Order specifies how the child’s life decisions should be made and how the child’s time should be divided between parents.

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The court can issue a parenting order in situations like:

  • One guardian’s exercise of powers
  • Guardianship responsibilities
  • Guardianship entitlements

Enforcement order by the court

A court order enforcing a parent’s or guardian’s time with a kid is known as an enforcement order. Parenting Orders are no exception. A person who has been denied the right to spend time with their child may bring this application to the court.

A Court-approved Enforcement Order may require a parent who interfered with another parent’s right to time with a child to give up lost time, compensation, or security. And the court may also impose penalties or imprisonment on the person who interfered or denied the other parent’s lawful time with the child.

The court can make the following provisions in an enforcement order:

  • Provision to provide compensatory time to the applicant
  • Provision to provide security by the respondent for the obligations against the applicant
  • Provision to provide reimbursement to the respondent’s expenses due to the applicant’s denials
  • Provision to impose a maximum penalty of $100 for each day of deprivation, with the maximum amount being $5,000. Any default to the payment would lead to a maximum of 90-day imprisonment.
  • Provision to enforce according to section 44 when the court determines the validity of the denial time based on the respondent’s reasoning on the denial time.
  • Provision to order respondent and applicant to do what the court considers appropriate.

Consequences of Not Following a Parenting Order Enforcement

If a spouse ignores a court order, the compliant spouse must report the violation to the court. As the violation may be due to failure to pay support, this can be a considerable financial hardship for the spouse pressing the issue. It may also initiate a new legal process, resulting in additional steps before payment is received.

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If the investigation reveals that a parent has truly disobeyed the order, the court will usually impose financial penalties on that person. This is hoped to encourage the spouse to obey the parenting order. However, difficulties such as bankruptcy, incarceration, or co-existing legal concerns might cause payments to fall behind.

Summery

If you face problems with the parenting contract, you can apply for a parenting order to the Alberta court. You can make the application to the Family Division of the Provincial Court. Or you can make the application to the Court of Queen’s Bench.

You can go to the Provincial Court and ask for the relevant forms for application to the Family Justice Services. You can also get the application forms at www.albertacourts.ab.ca/familyjusticeservices. Once you apply to enforce a parenting order in Alberta, Canada, the court will set a hearing date. Both parents should be present during the hearing.


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