A family is dynamic and ever-evolving. Unfortunately, a final court order is not. A final order in a family proceeding is supposed to provide certainty. However, the reality is that a family unit may go through a transition period that makes any final order no longer suitable, especially as it concerns the children. In the legal world, we call this a “material change in circumstances.” This is what to do and what not to do if you find yourself in this situation.
If you feel a court order no longer suits your family, you should not ignore the order. When you actively disregard a court order, you may face a motion to enforce the terms of the final order. In certain circumstances, your former partner could bring a contempt motion. While the court cannot condone such behaviour, a contempt motion is often a tool of last resort. In the 2021 Court of Appeal decision in Moncour v. Plante, the court stated that a judge must consider alternative enforcement options, such as a declaration of a breach of an order or encourage professional assistance, before imposing a penalty for contempt. In addition, whether you are facing a contempt motion or a declaration of a breach of an order, you could be ordered to pay the other side’s legal expenses. It is never a good idea to disregard a court order.
If the order is no longer appropriate, it is crucial to take steps to change your final order. There are three options for you to consider:
- Any agreement that is made jointly with your former partner can be made into a consent order.
- Additionally, you and your former partner could consider a Collaborative law process where you work through your differences without resorting to the courts.
- Finally, you could bring a Motion to Change and ask a judge to impose a new order. This motion would require you to demonstrate the material change in circumstances that your family has gone through. When a material change in circumstances is established, the court will undertake a fresh analysis of the child’s best interest. If successful, this allows the court to create an order suitable to your family in its current stage.
At PJKJ Law, when families break up, we help to find a resolution. If your final order is no longer suitable for your family, please give us a call to discuss your options.
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