CanLII - 2013 ONSC 2364 (CanLII)
Very interesting case law on a parent whom has been found in contempt of court for not having their child attend an access visit as ordered.
I recommend all readers of this publicly posted case law found on CanLII to "reflex" the matter and read the other related decisions linked to this file.
Note: CanLII is a non-profit organization managed by the Federation of Law Societies of Canada. CanLII's goal is to make Canadian law accessible for free on the Internet. This website provides access to court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions.
Good Luck!
Tayken
Very interesting case law on a parent whom has been found in contempt of court for not having their child attend an access visit as ordered.
[25] Justice Greer noted this point in Sickinger v. Sickinger 2009 CanLII 28203 (ON SC), 2009 CanLII 28203, [2009] O.J.No. 2306 at para. 30 saying, “The parent does not have to force a child to go with the other parent but should “require” the child to do. A failure to require the child to do that is considered contempt.” See: V.(S.) v I. (T.), 2009 Carswell Ont 1023 (S.C.J.).
[26] As counsel for the Applicant points out, the Respondent did not provide evidence that she required the Child to attend. There is no evidence that the Respondent was giving any sanctions to the Child for the Child's failure to attend.
[27] The order of November 27, 2012 was simple and straightforward. the Applicant and his counsel gave some flexibility on the time as it was not specified. Nonetheless, the Respondent did not honour the order.
[29] I find the Respondent in contempt of court in accordance with Rule 31 of the Family Law Rules.
[30] The court has a wide range of penalties with a view to remedying the failure to honour the access order. The best interests of the child remains the court’s guide. Pursuant to Rule 31(5):
[31] The parties will return to the court on a date to be arranged for the parties to make submissions on how the Respondent may be given the opportunity to purge the Respondent's contempt.
[26] As counsel for the Applicant points out, the Respondent did not provide evidence that she required the Child to attend. There is no evidence that the Respondent was giving any sanctions to the Child for the Child's failure to attend.
[27] The order of November 27, 2012 was simple and straightforward. the Applicant and his counsel gave some flexibility on the time as it was not specified. Nonetheless, the Respondent did not honour the order.
[29] I find the Respondent in contempt of court in accordance with Rule 31 of the Family Law Rules.
[30] The court has a wide range of penalties with a view to remedying the failure to honour the access order. The best interests of the child remains the court’s guide. Pursuant to Rule 31(5):
If the court finds a person in contempt of court, it may order that the person:
(a) be imprisoned for any period and on conditions that are just:
(b) pay a fine in an amount that is appropriate;
(c) pay an amount to a party as penalty;
(d) do anything else that the court decides is appropriate;
(e) not do what the court forbids;
(f) pay costs in an amount to be decided by the court; and
(g) obey any other court order.
Having found an individual in contempt of court, the court should give the individual an opportunity to purge that contempt.
(a) be imprisoned for any period and on conditions that are just:
(b) pay a fine in an amount that is appropriate;
(c) pay an amount to a party as penalty;
(d) do anything else that the court decides is appropriate;
(e) not do what the court forbids;
(f) pay costs in an amount to be decided by the court; and
(g) obey any other court order.
Having found an individual in contempt of court, the court should give the individual an opportunity to purge that contempt.
[31] The parties will return to the court on a date to be arranged for the parties to make submissions on how the Respondent may be given the opportunity to purge the Respondent's contempt.
Note: CanLII is a non-profit organization managed by the Federation of Law Societies of Canada. CanLII's goal is to make Canadian law accessible for free on the Internet. This website provides access to court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions.
Good Luck!
Tayken
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