Family court orders form the foundation of legal decisions affecting families in Edmonton and across Alberta, establishing crucial guidelines for custody, support, and other family matters.
Understanding how these orders are enforced and ensuring compliance can be challenging for many families navigating the legal system in Alberta.
This guide explains the enforcement mechanisms available through Alberta courts and provides practical steps for maintaining or seeking compliance with family court orders.
Types of Family Court Orders in Alberta
- Child Support Orders
- Custody and Access Orders
- Spousal Support Orders
- Property Division Orders
- Protection Orders
Enforcement Through Maintenance Enforcement Program (MEP)
The MEP is Alberta’s primary mechanism for enforcing support payments, operating under the Maintenance Enforcement Act.
- Wage garnishment
- Federal payment interception
- Driver’s license suspension
- Passport denial
- Property liens
Steps to Register with MEP
- Obtain a court order or agreement
- Complete MEP registration forms
- Submit documentation to MEP office:
7th Floor, J.E. Brownlee Building
10365 – 97 Street
Edmonton, AB T5J 3W7
Enforcing Custody and Access Orders
The Edmonton Police Service can assist in enforcing custody orders when immediate intervention is needed.
- File a complaint with police
- Contact emergency services (780-423-4567)
- Seek assistance from court enforcement officers
Legal Resources for Order Enforcement
Edmonton’s Resolution Support Centre provides free information about court processes and forms.
- Location: Edmonton Law Courts
1A Sir Winston Churchill Square
Edmonton, AB T5J 0R2 - Phone: 780-415-0404
- Hours: Monday to Friday, 8:15 am – 4:00 pm
Taking Action on Non-Compliance
- Document all instances of non-compliance
- Keep detailed records of communication
- File a Notice of Motion for contempt
- Seek legal counsel if needed
Getting Legal Help
Contact these Edmonton family law resources for assistance:
- Law Society of Alberta Referral Service: 1-800-661-1095
- Legal Aid Alberta: 780-427-7575
- Edmonton Community Legal Centre: 780-702-1725
Next Steps for Order Enforcement
Take these immediate actions to address non-compliance with court orders:
- Review your court order thoroughly
- Gather documentation of violations
- Contact MEP or appropriate enforcement agency
- Consult with a family lawyer for complex situations
Understanding Legal Consequences
Non-compliance with family court orders can result in serious legal consequences in Alberta:
- Fines up to $25,000
- Imprisonment for contempt of court
- Loss of decision-making privileges
- Court-ordered compensation
- Additional legal costs
Alternative Dispute Resolution Options
Before escalating to court enforcement, consider these alternatives:
- Family mediation services
- Collaborative law process
- Parenting coordination
- Family court counseling
Edmonton Mediation Services
- Alberta Family Mediation Society: 780-433-4853
- Family Mediation Program: 780-427-8329
- Private mediators through the ADR Institute
Maintaining Long-Term Compliance
Establish these practices to ensure ongoing adherence to court orders:
- Use written communication methods
- Maintain organized payment records
- Schedule regular parenting time reviews
- Update contact information with MEP
- Address issues promptly through proper channels
Moving Forward with Court Order Compliance
Successfully managing family court orders requires understanding your rights, maintaining proper documentation, and utilizing available enforcement mechanisms. Edmonton’s legal system provides multiple avenues for support and enforcement, ensuring families have access to the resources needed for compliance.
Remember that early intervention and proper documentation are crucial for effective enforcement. Utilize the available support services and legal resources to maintain or restore order compliance, ensuring the best interests of all family members are protected.
FAQs
1. What are the main methods of enforcing family court orders in Alberta?
The Maintenance Enforcement Program (MEP), civil enforcement through the Court of Queen’s Bench, and criminal charges for breaching court orders are the primary methods. MEP specifically handles support payments, while other orders can be enforced through contempt of court proceedings.
2. How does the Maintenance Enforcement Program (MEP) work in Alberta?
MEP collects, records, and distributes support payments. It can garnish wages, seize assets, suspend driver’s licenses, and restrict passport privileges of debtors who fail to pay support as ordered.
3. What happens if someone violates a parenting or custody order in Alberta?
Violations can result in contempt of court charges, fines, compensatory parenting time, and in severe cases, imprisonment. Police can assist in returning children to the proper guardian as per the court order.
4. Can court orders be enforced across provincial borders in Canada?
Yes, through the Interjurisdictional Support Orders Act (ISO), court orders can be enforced across provinces. Alberta’s MEP can work with other provincial programs to enforce support orders.
5. What is contempt of court in family law matters?
Contempt occurs when someone deliberately disobeys a court order. The court can impose fines up to $25,000, imprisonment, or both. The person must be proven to have intentionally disobeyed the order.
6. How long does enforcement of a family court order remain valid?
Support orders remain valid until varied or terminated by another court order. For child support, enforcement continues until the child is no longer entitled to support under the order’s terms.
7. What role do police play in enforcing family court orders?
Police can enforce orders related to custody and access, remove children from persons not entitled to have them, and arrest individuals breaching restraining orders or emergency protection orders.
8. Can I modify a court order if circumstances have changed?
Yes, through a variation application to the court. However, the existing order remains enforceable until formally changed by the court, even if circumstances have changed.
9. What is the process for registering a family court order with MEP?
Submit the court order to MEP along with registration forms, provide detailed information about both parties, and ensure the order clearly states payment terms and obligations.
10. What penalties can MEP impose for non-payment of support?
MEP can garnish wages, seize bank accounts, place liens on property, suspend driver’s licenses, cancel passports, report to credit bureaus, and initiate federal license denials.
