Contempt and Costs

[rockscan]

Here's a short but interesting case with several cases cited in it on contempt. Basically there was an order that the 9 year old child of the parties was to attend school (mom wanted to homeschool) and she failed to send him. Father brought a contempt motion as she refused to send child to school and also withheld the child from parenting time claiming child was sick.

His contempt motion was denied but a new order was given with strict items on what the mother is to do. The father was awarded almost all costs he was asking for.

The reason I post it is to note the cases referenced regarding letting a child decide if they spend time with the other parent, the elements considered for contempt and why following an order is important.


https://www.canlii.org/en/on/onsc/doc/2022/2022onsc1844/2022onsc1844.html

 

[Hide on Bush]

The reason I post it is to note the cases referenced regarding letting a child decide if they spend time with the other parent, the elements considered for contempt and why following an order is important.

I think this is important to note though:

61] It is completely unacceptable that the Mother did not require D.C. to spend time with his Father because D.C. stated he did not want to go. There is no evidence before the court that the Mother engaged in a discussion with D.C. or contacted the Father to let him know that D.C. did not want to see his Father. There is no evidence that any incentive was made to try and get D.C. to spend time with his Father or that D.C. would face any disciplinary measures should D.C. refuse to attend.

Arbitrarily withholding access based solely on the child not wanting to go without a single step to even attempt a restoration of a positive relationship between the child and the other parent.

As someone dealing with this, the only thing that has saved me is that I’ve actually attempted to promote access before being forced to withhold

 

[pinkHouses]

There were difference is the case link given and the other 2 cases.
This one had the father asking for access and the mother giving the COVID isolation bit time and time again.

The one with the 15 year old the father manipulated the son by telling him he would loose the house if he went to his mothers. Then without the 15 year olds permission told the mother he had changed residences. Then subsequently the mother let it go on. It didn't help that it was admitted that the son would have stayed with the mother if the father did not manipulate.

The one with the 16 year old girl there were clear signs of the mother actively blocking access and interfering.

 

[rockscan]

Contempt and Costs

There were many elements to the case that were important to note.

First, contempt is difficult to win but in this case at least it got the attention of the judge for the mother’s refusal to follow the order.

Two, pick your cases you lean on wisely. The father thought the mother was alienating the child (and perhaps she did say something about dad being mad) but there was no evidence that was the case.

Third, just because you “win” doesn’t mean it is a win or you are entitled to costs or avoid costs. The motion was dismissed but the judge still found the mother was not following the previous order, had to add to the order and therefore the mother was not the successful party.

Fourth, claiming difficulty because you are self rep is not a good plan. The judge pointed out the mother had excellent materials and spoke well so they didn’t believe her bs.

There are more little lessons to glean from this case but the bottom line is, follow your fecking orders and don’t do stupid things.