In Alberta, a parenting order is a court mandate, not simply a guideline for parents.
Ultimately, the guiding principle of the Alberta courts is that a child should not suffer because one parent refuses to follow the law.
As such, both parents are expected to comply with the order, even if it was made some time ago, and circumstances have changed. Until a new court order replaces the existing parenting order, it stands.
Any repeated breaches of family court orders are taken seriously by the Alberta family law courts. If a parenting matter is brought before a judge, decisions will be made based on the provisions of Alberta’s Family Law Act and (if the parents are married) the federal Divorce Act.
What constitutes a “breach” of a parenting order?
Breaches of family court parenting orders can take many forms and be committed by either parent.
Both direct and indirect violations of orders are relatively common but parents generally work them out between themselves. Most minor deviations from parenting plans are small misunderstandings with reasonable excuses. For instance, a one-time 15-minute delay due to Deerfoot Trail traffic does not constitute a “breach” of an order.
To act, courts usually require a pattern of behaviour or intentional and chronic non-compliance from a parent, deliberately ignoring the order, bending the rules, or refusing to comply.
If the violations are serious enough that they affect the child’s well-being or best interests, the court will certainly act. Breaches include:
- Refusing pickups.
- Withholding the child.
- Ignoring a holiday schedule.
- Obstructing handovers.
- Failing to return the child on time.
- Interference with decision-making.
- Refusing to allow telephone/video access to the child.
- Moving or relocating the child without notice.
- Ignoring communication.
- Disparaging the other parent to the point of alienation.
How do the Alberta courts respond to breaches?
Judges have a duty to protect the child’s best interests and prevent instability in their lives. A repeated breach of parenting orders goes against this, and measures will be put in place to remedy the situation.
Repeated breaches suggest a pattern of ongoing disregard for the court’s authority but punitive measures are not the default option for the Court of King’s Bench in Alberta.
Instead, the court has a specific, escalating framework for intervention, beginning with remedial measures rather than punitive actions. Alberta judges usually try to fix the relationship, not just punish the parent.
With this in mind, depending on the precise situation, the following escalating series of steps may be applied:
- Encouraging cooperation and awarding make-up time: The most common first step is to encourage the parents to cooperate. If you lost a weekend, the Court may order a replacement weekend.
- Participation in parenting or communication courses: A parent may be ordered to undergo “training” or education to help with compliance with the parenting order.
- Fines and compensatory expenses: The next step might be imposing a fine or ordering the breaching parent to pay for missed flights, wasted tickets, or childcare costs incurred due to the breach.
- Modification of the parenting order: If the breaches continue, the court may modify the parenting arrangement, limiting certain parental rights, imposing supervised access, or adjusting schedules to prioritize the child’s stability over parental convenience.
- Police enforcement clauses: This is a more significant step usually reserved for high-conflict or flight-risk cases, where the court authorizes the Calgary Police Service (CPS) or RCMP to assist in the return of the child.
Chronic non-compliance in parenting cases, even after the court attempts remedial measures, results in progressively more structured enforcement measures adopted by the court.
Can a parent be held in contempt by breaching family court orders?
A finding of contempt of court is the most serious outcome for repeated breaches. This is a “last resort” option, where attempts at encouraging or enforcing compliance have been exhausted but the repeated disobedience and problems associated with the breaches still exist.
Contempt of court can result in even stricter parenting conditions, fines, or, in cases of extreme and persistent harm, imprisonment. The possibility of jail surprises some parents because parenting disagreements are civil matters.
The “child’s best interests” standard
The same standard that applies when family court judges make parenting orders applies when they address breaches of parenting orders: the child’s best interests.
Findings of contempt are rare in Alberta because the presumption is that a child is best served by regular contact with both parents, and judges simply look to prevent patterns of disruption from negatively impacting the child.
Judges look for solutions that promote consistency and stability, seeking to prevent parental alienation or emotional harm to the child.
This sometimes involves changing the original parenting order. If a parent proves they are being consistently alienated or blocked by the other parent, the court may decide the current schedule is no longer in the child’s best interests, and may even change the child’s “primary care” to the other parent.
How can we help with parenting order breaches?
Consistent breaches of Alberta Family Court parenting orders can impact both the best interests of the child and your parental rights. The issue should be addressed as soon as possible by communicating with the non-conforming parent for a resolution.
Document all communications via email, text, etc., or use an app to document missed pickups, etc. If you cannot resolve the matter with reasonable efforts with the other parent, don’t take the law into your own hands. Seek legal assistance from a qualified family lawyer, who can help you petition the court with an “Application for Enforcement” or other remedy.
If you live in the Calgary area and need assistance with a family law matter, the experienced lawyers at Jennings Family Law can help you. Call (403) 316-0138 to request a confidential consultation, contact us directly online, or email Warren Jennings directly at warren@jenningsfamilylaw.com.
