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British Columbia family law: Noncompliance with parenting orders

When a couple decides to separate they need to iron out details of what's what as they move forward separately. British Columbia family law paves the way for couples who are separating to fashion separation agreements that would legally indicate the particulars of the separation, including issues regarding children and could include agreements made about parenting. When one partners fails to follow what's in such an agreement, there are steps the other former spouse or parent can take to try to remedy the problem.

If a parent is not complying with a child support order, for example, British Columbia has a Family Maintenance Enforcement Program to launch an enforcement order for support. If, in fact, a parent isn't following a court order, he or she may suffer some consequences under the law. However, court should be a last resort and should only be considered when one parent constantly fails to follow an agreement or an order, when not following orders cause both the child and other parent inconvenience and cost or when the two parents can't agree on major issues when it comes to their kids -- even after the help of family law attorneys.

Child visitation can also be spelled out in a separation agreement. If one parent denies access to the other who has the right to see his or her children, a judge can issue an order which speaks to individual cases. If one parent fears the other is likely to abduct the child and can show the court evidence, the court may require the parent in question to pay security and/or surrender any passports, including those of the children, among other things. 

A British Columbia family law lawyer can assist a client who is having issues with the other parent regarding their children. A lawyer will always be sure to act in the best interests of the children as required by law. A lawyer can also assist a client in applying for a particular court order.

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