What is contempt in custody and access cases?

The breach of an order for custody or access (whether it is a final or a temporary order) constitutes contempt in custody and access cases.

A contempt motion in custody and access cases may be brought under section 38(1) of the Children's Law Reform Act or Rule 31 of the Family Law Rules. These motion materials must be served on the Respondent personally.

Contempt in custody and access cases is quasi-criminal and courts may fine the individual found in contempt or impose imprisonment on that party.

The standard required in order to establish contempt is as follows: the Applicant must prove that there has been a breach of the order beyond a reasonable doubt and that the breach was wilful. It is difficult to meet this standard and to succeed on these types of motions. For example, it is difficult to prove that a denial of access was wilful, given that the person can state that the child was ill or that he or she mixed up the schedule. Therefore, a contempt motion in custody and access cases should be approached with caution.

To learn more about contempt in custody and access cases, contact the family lawyers at Krol & Krol today at 905.707.3370.