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  • Consequences of Breaking Agreement?

    What are the consequences of breaking the following part of my separation agreement?

    - the respondent claims all the tax benefits for the children

    Any case law guru's able to point out something on Canlii?

    Thanks,

    Atlas



    "Till Divorce do us part" - lol

  • #2
    There are no consequences. The agreement is trying to require you to break the law. CRA regulations state who may or may not claim the benefits and refunds.

    In terms of breaking any part of the agreement, there are rarely any consequences. If the agreement is filed with the courts, then the only recourse is a finding of contempt of court, but this is a criminal code offense and a family court judge will only apply it in extreme circumstance.

    For example I have a court order, as well as the strict requirements of the Family Law Act, that my ex had to give me their financial info at tax time. I have not received this info for over four years. I began specifically asking for it over a year ago with monthly requests. My lawyer began sending letters on my behalf last November. I received a partial disclosure for 2011 in January of this year. I have a motion order in process, but there will be no consequences for my ex, other than a stern talking to from the judge. There are a couple of dozen regular posters on this forum who have similar experiences.

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    • #3
      That's wild.

      Why would the Justice ever endorse the agreement if it is "trying to break the law"?

      And what's the point of making an agreement that is unenforceable?

      Kinda reminds me of marriage vows



      Atlas

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      • #4
        judges are lawyers

        lawyers make money on things that take a long time to resolve

        that is why

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        • #5
          Originally posted by Atlas View Post
          That's wild.

          Why would the Justice ever endorse the agreement if it is "trying to break the law"?
          The agreement is between you and your ex. The court is staying out of the way. Family court also does not automatically report you to the CRA if a judge finds that you have been underreporting your income to avoid paying support. CRA and family court are completely separate.

          And what's the point of making an agreement that is unenforceable?

          Kinda reminds me of marriage vows
          Let's say your agreement says you get the kids on Easter Sunday, and your ex doesn't drop them off, just leaves you a phone message saying they are going to grandma's. What are you going to do, have her thrown in jail? A lot of your agreement is unenforcable in practice unless the other party is repeatedly pushing it too far.

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          • #6
            There are no consequences for violating your separation agreement. You have to violate it numerous times, and even then you will just be told by a judge to stop violating the agreement.

            ...unless you don't pay support, then the full weight of the government will come down to bear upon you.

            It always amuses me that there is a government agency to enforce support, but no government agency to enforce access. It shows what divorce is really all about. Nobody cares about the kids, it is all about the money.

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            • #7
              I have a follow up question to this - since it's unlikely they can be held in contempt, can you file a motion for something else? For example: My ex is supposed to sign the passport application for my daughter but is refusing to do so. This is part of our final court order. We have joint custody so I need his signature. If he continues to do so, can I file a motion asking for a court order giving me permission to apply for the passport without his permission?

              It seems there has to be SOME way to enforce this stuff.

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              • #8
                Originally posted by CSAngel View Post
                My ex is supposed to sign the passport application for my daughter but is refusing to do so. This is part of our final court order. We have joint custody so I need his signature. If he continues to do so, can I file a motion asking for a court order giving me permission to apply for the passport without his permission?

                It seems there has to be SOME way to enforce this stuff.
                My final order called for me to sign passports. Before I even completed that portion, my ex had gone to the passport office with copies of the final order. I received a registered letter from passport canada indicating that if I didn't challenge then they were going to process the kids passports. It was simple enough. You might want to inquire at the passport office further now that you have final orders.
                Last edited by limer; 05-21-2013, 10:34 AM.

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                • #9
                  Originally posted by CSAngel View Post
                  I have a follow up question to this - since it's unlikely they can be held in contempt, can you file a motion for something else? For example: My ex is supposed to sign the passport application for my daughter but is refusing to do so. This is part of our final court order. We have joint custody so I need his signature. If he continues to do so, can I file a motion asking for a court order giving me permission to apply for the passport without his permission?

                  It seems there has to be SOME way to enforce this stuff.
                  That is exactly the right approach. Try to solve the problem rather than point fingers or work with someone unworkable.

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                  • #10
                    Originally posted by limer View Post
                    My final order called for me to sign passports. Before I even completed that portion, my ex had gone to the passport office with copies of the final order. I received a registered letter from passport canada indicating that if I didn't challenge then they were going to process the kids passports. It was simple enough. You might want to inquire at the passport office further now that you have final orders.
                    Oh, my ex would challenge it. Although, if he did that would be just more ammo for my eventual motion, I guess.

                    I will look into this. Thanks Limer!

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                    • #11
                      Just an update:

                      I went to the passport office today and was unable to apply for D9's passport without dad's signature. Apparently the court order would have to state that I can do it without his consent. Mine only says: "The parties will complete applications required to allow the children A and B, to secure Canadian passports in their own names. Within 14 days the Applicant shall apply for B's passport and the Respondent shall apply for A's."

                      Wasn't enough.

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                      • #12
                        That is plain stupid!! The following is right off of passport canada's website....

                        Both parents are requested to participate in obtaining passport services for their child and to sign the application form. The other parent may be contacted. Where a legal guardian is the applicant, the other legal guardian, as the case may be, is also requested to participate. Proof of legal guardianship is required.
                        Where a court order or agreement exists referring to custody of the child, only the person with custodial rights may apply. All documents that refer to custody or mobility of, or access to, the child must be provided. If a divorce has been granted, a copy of the divorce judgement or order must also be provided. Where joint custody provisions exist, either parent may apply.

                        I also just noticed that the judge is testing you guys. Each of you is to apply for one of your children's passports.

                        If after 14 days your ex hasn't done the passport then maybe try them again.
                        Last edited by limer; 05-22-2013, 02:39 PM.

                        Comment

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