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Enforcement of Custody & Access

Custody & Access Enforcement Updates

Application for Custody & Access

http://www.ag.gov.bc.ca/public/

The form you need to fill out to have a custody (access) order enforced by a peace officer is a form 21. You can print a copy from the following link:

http://www.ag.gov.bc.ca/courts/forms/forms_family.htm

You should read the Family Court Rules Act (Rule 16)-Applying for enforcement of custody orders and The family Relations Act. You can access them at the following site:

http://www.qp.gov.bc.ca/statreg/list_statreg.htm

I have copied the sections you need below but you should read the Acts to to get a feel for them and make a game plan.

Court Rules act:

Rule 16 - Applying For Enforcement Of Custody Orders Or For Recognition Of Custody And Access Orders How to apply to enforce a custody order

(1) To apply to the court under section 36 of the Family Relations Act for an order authorizing a peace officer to apprehend a child for the purposes of enforcing a custody order, a person must complete an application in Form 21 and file it in a registry, together with a certified copy of the custody order as proof of the order. How an applicant is told about court appearance

(2) A clerk will notify the applicant under subrule (1) of the date, time and place for the court appearance.

How to apply for recognition of an extra-provincial custody order or access order

(3) To apply to the court under section 48 of the Family Relations Act for an order recognizing a custody or access order made by an extraprovincial tribunal, a person must complete an application in Form 22 and file it in a registry, together with 3 copies of it and a certified copy of the custody or access order as proof of the order. Personal service of application, not by the applicant

(4) Unless a judge grants permission to use a different method of service under rule 9 (7), the applicant under subrule (3) must have a filed copy of the application served personally on the respondent by a person, other than the applicant, who is at least 19 years of age.

Other rules that apply (5) The following rules apply to proceedings begun by an application under subrule (1) or (3):

(a) rule 9 [other rules about service and proving service];

(b) rule 10 [witnesses];

(c) rule 11 [trial date and evidence];

(d) rule 12 [applying by notice of motion for orders or directions];

(e) rule 13 [affidavits];

(f) rule 14 [consent orders];

(g) rule 15 [paternity tests];

(h) rule 18 [orders];

(i) rule 19 [transfer of files];

(j) rule 20 [general].

 

Family Relations Act:

Enforcement of agreement as court order section 121

(1) In this section: "child" means a person who is acknowledged in a written agreement filed under this section to be the responsibility of a party to the agreement and who is  (a) under the age of 19 years, or (b) 19 years of age or older and, in relation to the party to the agreement, is unable, because of illness, disability or other cause, to withdraw from that party's charge or to obtain the necessaries of life; "parent" means a person who acknowledges in a written agreement filed under this section a responsibility for a child; "spouse" means a spouse as described in paragraph (a), (b) or (c) of the definition of "spouse" in section 1 (1) and includes a person who acknowledges in a written agreement filed under this section that he or she is or was a spouse of another person, whether or not they are or were married.

(2) If a signed copy of a written agreement containing a provision respecting (a) the custody of or access to a child by a parent, or (b) the maintenance of a child by a parent or of a person by the person's spouse is filed in the Provincial Court in accordance with the Provincial Court (Family) Rules, the provision is enforceable under this Act or the Family Maintenance Enforcement Act as if it were contained in an order made under this Act.

(3) Subsection (2) applies in respect of (a) a written agreement made after June 30, 1995, and (b) a written agreement made before July 1, 1995, but only if a consent in the form prescribed by the Provincial Court (Family) Rules is filed with the agreement.

(4) A provision that is referred to in subsection (2) and is contained in a written agreement filed under this section may, at any time, be varied or rescinded (a) by a new written agreement filed in the Provincial Court in accordance with the Provincial Court (Family) Rules, or (b) by the Provincial Court, on application and subject to sections 20 and 96.

(5) The filing of a written agreement under this section does not (a) restrict or prevent a court from making an order for the same relief as is provided for in the agreement, or (b) prevent the agreement from being filed or enforced in the Supreme Court under section 122.

(6) If a provision referred to in subsection (2) is contained in an agreement that was filed under this section before July 1, 1995, (a) the provision continues to be enforceable under this Act or the Family Maintenance Enforcement Act as if it were contained in an order made under this Act, and (b) subsection (4) of this section applies.

(7) A written agreement filed under section 2 of the Unified Family Court Act, S.B.C. 1974, c. 99, before March 31, 1979 is a written agreement under this section.

Enforcement of Custody & Access

So far as we can tell, Enforcement of Custody Orders is never done against mothers.  Our experience with the anti-named "Family Justice Centers" has been that they call any Order a Mother will not abide by is a "Bad Order".  They will insist on using their offices and resources ONLY to persuade you to CHANGE the Order you are trying to have enforced a BY CONSENT to comply with Mother's behavior and  wishes.  If you do as they instruct you to "Giver her  whatever she wants so you can have a good relationship with her" you will be doomed.  Enforcement won't be possible.

Again we are faced with the question of why you would ever waste time, money and energy pursuing an Order that will never be enforced.  Nevertheless, here is what we have gleaned.  If you find something that works, please let us know.

 
     

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