What Happens When A Parenting Order Or Agreement About Parenting Time Is Not Followed?
By Timothy Matthews | April 22, 2025
With the assistance of law student Lauren Fedoruk
If you and your ex-partner have an agreement or court order in place regarding the parenting schedule for your children, it can be frustrating if one party is not following the arrangement. Unlike support payments, which can be enforced by an enforcement agency specifically designed for that purpose (the Family Responsibility Office or “FRO”), parenting arrangements do not have a similar enforcement agency. Without cooperation from both parties, ensuring compliance with a parenting order or agreement can therefore be quite difficult in practice. If a parent isn’t following the parenting terms, what steps can be taken to enforce a parenting agreement or order?
INITIAL STEPS AND CONSIDERATIONS
A parenting order is a legally binding order made by a court that sets out parenting time regarding a child and can be enforced by the court, while a parenting agreement (when properly signed by the parties) is an agreement made between the parties out-of-court, however, it can cover all of the same terms as an order made by the court and, as well, can also be enforced by the court.
It’s important to note that enforcing parenting orders and agreements tends to be different than other types of orders and agreements, due to the special considerations involving children and their best interests. As a result, the purpose of enforcement measures for parenting orders and agreements is generally to encourage and compel compliance, as opposed to being focused on punishment for not abiding by the arrangement.
Typically, the recommendation is to first attempt informal remedies for non-compliance of parenting orders before moving to court proceedings. Informal options may include:
- If possible and appropriate, personally reaching out to the other parent, in writing, regarding the non-compliance or concerns. For parents in high-conflict situations, there are communication apps that can assist with this (“Our Family Wizard” is one popular example);
- Having a lawyer send a letter to the other parent voicing your concerns, and warning of further enforcement steps that will be taken if the non-compliance continues; or,
- If possible and appropriate, participating in negotiation and/or mediation with the other parent. Negotiation can be done by speaking directly with the other parent (with or without each party having their own lawyer), while mediation is done with a mediator who is a neutral third party.
PROCEEDING THROUGH COURT
Of course, these remedies may not be effective in compelling the other parent to follow the provisions of a parenting agreement or order, and it may be appropriate to pursue remedies involving court proceedings. Before you go to court, it is always a good idea to seek the advice of a lawyer.
Depending on the circumstances of the case, you may want to go to court to simply enforce the terms of the existing order or agreement. This can be done through a Motion for enforcement or a Contempt Motion. Alternatively, you may want to go to court to change what is written in the final order or agreement, via a Motion to Change the prior order.
MOTION FOR ENFORCEMENT
As part of a Motion for enforcement, the court has a variety of different orders that can be made to remedy the situation. These include, but are not limited to: an order that the party breaching the order pay the legal fees of the other party, an order for “makeup” parenting time, or an order directing the police to enforce the parenting terms of an order.
CONTEMPT MOTION
A Contempt Motion is a request to find a party in contempt of an Order. It is considered a remedy of last resort when dealing with parenting issues. As a result, it is often necessary to first attempt less extreme enforcement methods prior to bringing a Contempt Motion. Contempt Motions are subject to specific rules and laws, and can potentially result in serious consequences. You should get legal advice if you are thinking of commencing a Contempt Motion, or if you have been served with one.
As with other enforcement proceedings, the ultimate goal of a Contempt Motion is to enforce compliance with the terms of an order. If a party is found in Contempt, the Court has a range of orders it can make, including, in rare and serious cases, an order that a party be imprisoned for a period of time.
MOTION TO CHANGE
As mentioned above, you may wish to bring a Motion to Change if you believe that the circumstances affecting the children have changed, such that the existing parenting agreement or order is no longer in their best interests. To pursue this option, you will need to prove to the court that there has been a significant change in circumstances that has occurred since the final order or agreement was made which requires a change in the agreement or order. You will also need to prove that the change that you are proposing would be in the best interests of the children.
A parent withholding a child or intentionally not following the parenting schedule set out in an order are factors that can be considered in determining whether there has been a material change in circumstances. However, if a judge deems that a Motion to Change should not have been brought (for example, where there is a finding that a significant change did not occur), costs may be ordered against the unsuccessful party who brought the Motion to Change.
Some parenting terms are more easily enforced than others, and the best strategy for enforcing a parenting order or agreement very much depends on the specific situation between you and the other party. As a result, it is important to obtain legal advice prior to taking any steps, so that a legal professional can guide you in the right direction based on your unique circumstances.
If you have questions about enforcing a parenting order or agreement, reach out to Henderson Family Law today and schedule an appointment.
DISCLAIMER:
This content is provided as a general informational source by Henderson Family Law, and does not constitute legal advice or opinion, or establish a lawyer-client relationship. Every situation is complex and fact-specific, and appropriate advice will vary accordingly. Do not rely on this information for legal decision-making under any circumstances. Please consult with us and obtain proper advice and strategy concerning the specifics of your particular situation.