Jail time?

[arabian]

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

[arabian]

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.

[ninehundredt]

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?

[arabian]

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?

[Stillbreathing]

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.

[ninehundredt]

I agree. The scary part is that these outcomes can lead to litigants taking desperate measures when they feel like they have no other options.

Not sure about Canada, but in the United States there have been numerous incidents where litigants have assaulted / killed judges and court staff, or in some cases the other parent. Really chilling stuff.

It wouldn't surprise me to hear that there is statistically more occurrences of violence in the family court system versus the criminal courts.