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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 10-10-2015, 09:46 PM
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In this case
Malik v Malik, 2015 ONSC 2218
The wealthy husband was found in contempt for non disclosure of his multitude of assets. Costs awards were levied against him which he ignored. He had a blatant disrespect for the court process and any consequences they imposed. This is one case where I believe jail time would have been in order.
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Old 10-10-2015, 10:13 PM
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Quote:
Originally Posted by mcdreamy View Post
As a taxpayer, I don't believe I would ever support jail time as a valid consequence in the family courts, so I'm rather glad to see that choice has been left uncharted.

How exactly do you think having jail term ordered would benefit either the recipient or the provider? And do you endorse corporal punishment in your household with your children?
If you put a payor in jail and the lose their job the debtor loses support payment, tax payers pay for prison accommodations etc...

Its a last resort option because it doesn't actually benefit the payor. The reason they take passports and licences away is because then the government doesn't have to pay to put the person in prison and the person doesn't have a valid excuse to not work.

You have to realize family court is born mostly out of preventing the "Feminization of Poverty" the reason custody is not shared by default is because it would reduce child support payments significantly.

I could have easily gone to jail for not paying 3500$ but the judge said "Who is going pay her 2300$/month in alimony? Are you stupid?" What do you think happens if I lose my job tomorrow, eventually I will find myself in jail - I am sure.
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Old 10-10-2015, 11:36 PM
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My lawyer told me several years ago that he had a client who refused to pay court-ordered child support. Court had him do weekends in jail a few times and that changed client's attitude. Jails are over-crowded and not cushy like prisons. Not a nice place to spend one's weekends.
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Old 10-11-2015, 07:27 AM
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Arabian that's what I'm talking about. There are in fact some family law cases where jail time is ordered by a judge. I was curious in which circumstances a judge decides that a short stint of incarceration is warranted. Does anyone have examples of family law cases in which this was ordered?
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Old 10-11-2015, 07:52 AM
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Under s.231 of the Divorce Act, "the court may jail a payor in breach of an order if no other order will secure the payor's compliance."

Rule 21-7 of Supreme Court Family Rules : contempt can be punished by a fine (costs), jail, a fine plus jail or something else such as community service.

I'd be interested to see some cases where jail time and community service was ordered in family court.
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Old 10-11-2015, 08:54 AM
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https://www.canlii.org/en/ab/abqb/do...&resultIndex=7

Alberta - Maintenance Enforcement Act. Probably some in Ontario under the FRO Act?

here is a more recent one from Ontario where it looks like if the guy doesn't pay the money he will indeed do some jail time:

https://www.canlii.org/en/on/onsc/do...resultIndex=17


same with this one - jail was definitely in the wings:

https://www.canlii.org/en/on/onsc/do...resultIndex=16

Had counsel requested jail for contempt it likely would have been granted:

https://www.canlii.org/en/on/onsc/do...resultIndex=32

costs and fine (however mother did lose custody as well):

https://www.canlii.org/en/on/onsc/do...resultIndex=47

And this guy already served time for contempt and was on his way to do it again:

https://www.canlii.org/en/on/onsc/do...resultIndex=49

Last edited by arabian; 10-11-2015 at 09:26 AM.
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Old 10-11-2015, 10:16 AM
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Here is a contempt case from BC made recently. It contains (under Headnotes) MANY case references. In this one the sentencing has not yet been decided, however I note that passports have been ordered to be surrendered (so no one takes off prior to sentencing).

https://www.canlii.org/en/bc/bcsc/do...resultIndex=39

Note it took the mother 3 years in court to get this decision on contempt.

Last edited by arabian; 10-11-2015 at 10:19 AM.
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Old 10-16-2015, 07:08 PM
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In my experience it seems that those who refuse to pay child support are more likely to face an actual penalty, whereas parents who withhold access can continue to build up contempts without any real reprisal.

I understand the logic of making a distinction between child support and access, but question it's merits in certain situations. What action would you take if you were the father mentioned on the previous page (StillBreathing's post) who had access withheld for years to the point where his children no longer knew him?
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Old 10-16-2015, 07:27 PM
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I understand that Stillbreathing's ex is brain-damaged, took her to court 12 times alone last year and there were concerns about safety to children were there not?
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Old 10-16-2015, 10:16 PM
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Ninehundrt if access is deliberately withheld from a normal , loving parent with no proven history of violence or abuse then there should be consequences which become more and more severe...including incarceration if none of the other measures have any positive effect.

One of the biggest problems in family court is that there are no consequences. It's like a parent scolding little Johnny for pulling his baby sister's hair and telling him "just wait 'till next time then you'll really get in trouble"". Next time comes and Johnny still doesn't get punished. The parents have created a bully.
In court the judges create monsters out of men and women who get away with all kinds of bad behaviour and no consequences...or consequences they don't care about. What happens is that the monsters they have created wreak devastation on their former partners and children. Some of the damage is irreversible . Sad and so preventable with a little common sense.
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