It is the 'Nuclear Option' of family law. Learn the severe penalties for disobeying a court order—from fines to imprisonment—and why it is so hard to prove.
Legal Review: Reviewed by Deepa Tailor, to ensure alignment with Rule 31 of the Family Law Rules and the 'Beyond Reasonable Doubt' standard.
Contempt of Court is a finding that a party willfully and deliberately disobeyed a clear Court Order.
Unlike most Family Law (which uses "Balance of Probabilities"), Contempt is "quasi-criminal." You must prove it "Beyond a Reasonable Doubt."
Judges have broad discretion. Penalties can range from paying the other side's legal fees to actual jail time.
If a parent is found in Contempt, the court's goal is to force compliance. The penalties escalate based on severity:
The judge can issue a fine (payable to the court) of up to $2,000 per day that the order is breached, OR order the parent to pay 100% of your legal costs.
The court can 'Strike their Pleadings,' effectively silencing them. They lose the right to argue their case or present evidence at trial.
In extreme cases of repeat refusal, the court can order a jail sentence (usually up to 90 days) to compel the parent to hand over the child.
To prove Contempt, you must satisfy all three prongs of the legal test:
The order must be unambiguous. Vague terms like 'reasonable access' are hard to enforce via Contempt.
You must prove the other parent was served with the order and knew its terms.
You must prove they broke the rule on purpose. An honest mistake (flat tire, sick child) is a valid defense.
"He didn't bring the kids back, so I'll call the police to go arrest him."
Reality: Police generally will NOT intervene in custody disputes unless the Court Order has a specific 'Police Enforcement Clause.' Usually, they will tell you it is a 'Civil Matter' and to go back to court.
No. Support and Access are legally separate. If you stop paying support, you will also be in default. Two wrongs do not make a right in family court.
Category: Enforcement
Learn how the Family Responsibility Office enforces support payments through garnishment and other measures.
Category: Custody
Understand the difference between joint and sole custody arrangements and decision-making authority.
External: Ontario.ca Laws
Official Ontario government resource for Family Law Rules regarding contempt proceedings.
Contempt motions are high-risk and technically complex. One small error in your paperwork can get the case thrown out.
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Deepa Tailor is an experienced family litigator. She helps parents enforce Court Orders and navigate high-conflict custody disputes involving parental alienation and denial of access.
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