Enforcement

Before taking any enforcement action, document every instance of non-compliance carefully. Keep a log with dates, times, and a description of what happened. Save all relevant communications — texts, emails, voicemails. If the breach involves parenting time, note the specific times the other party failed to show up or refused to return the children. Good documentation strengthens your enforcement application and demonstrates to the court that the problem is ongoing, not isolated.

Every province and territory has a support enforcement program that can collect child support on your behalf. In Ontario, it is the Family Responsibility Office (FRO). In BC, it is the Family Maintenance Enforcement Program (FMEP). In Alberta, it is the Maintenance Enforcement Program (MEP). These programs can garnish wages, intercept tax refunds, suspend driver's licences, seize assets, and report arrears to credit bureaus. Enrolment is often automatic when a support order is made. If you are not enrolled, contact your provincial program.

If the other party is not complying with a parenting order — for example, by withholding parenting time or refusing to return the children — you can bring a motion for enforcement. Courts can order make-up parenting time, impose conditions on future parenting time, require the non-complying party to pay your legal costs, or in serious cases, change the parenting arrangement. Do not withhold child support in retaliation — that is a separate legal obligation and will hurt your own case.

Contempt of court is the most serious enforcement remedy. It is available when a party has deliberately and wilfully disobeyed a court order. A finding of contempt can result in fines or imprisonment. To bring a contempt motion, you must prove beyond a reasonable doubt that the other party knew about the order and deliberately chose not to comply. Courts use contempt sparingly — it is a last resort, not a first response. Consult a lawyer before bringing a contempt motion.

If the other party moves to a different province, you can still enforce your order. For child support, the Interjurisdictional Support Orders (ISO) process allows orders to be enforced across provincial borders without you having to travel. For parenting orders, you can register your order in the other province and apply for enforcement there. The Hague Convention on International Child Abduction applies if a child is taken to another country. Contact your provincial support enforcement program or a family law lawyer for guidance.

If the other party genuinely cannot pay support because they have no income or assets, enforcement options are limited. However, arrears do not disappear — they accumulate and can be collected in the future when the other party's financial situation improves. Provincial enforcement programs will continue to monitor the situation. If the other party's financial circumstances have changed significantly, they should bring a motion to vary the support order rather than simply not paying. Unilaterally stopping payments is never acceptable.