How Do BC Courts Address Breached Visitation Agreements?

Question from Sur, How Do BC Courts Address Breached Visitation Agreements?

Answer from AI:

When a custodial parent in British Columbia (BC) fails to uphold a visitation agreement, the family courts can take several steps to address the situation. It’s important to understand that visitation rights are taken seriously, and courts expect both parents to adhere to the terms set out in custody and visitation orders.

Legal Framework for Visitation in BC

In BC, the Family Law Act governs matters related to child custody and visitation, which is referred to as “parenting time” in the legislation. When a custodial parent denies the non-custodial parent their scheduled visits, it is considered a breach of the court order or agreement.

Steps to Take When Visitation Agreements Are Not Upheld

1. Document the Breaches: The non-custodial parent should keep detailed records of each instance where their visitation rights were denied. This includes dates, times, and any communication with the custodial parent.
2. Attempt to Resolve the Issue: It may be beneficial to attempt to resolve the issue directly with the custodial parent or through mediation. Sometimes, communication and negotiation can rectify the situation without further legal action.
3. Legal Enforcement: If direct resolution is not possible, the non-custodial parent can file an application with the court to enforce the visitation order. The court may then take steps to ensure compliance.

Potential Court Actions

• Contempt Proceedings: If a parent willfully disobeys a court order, they may be found in contempt of court. This is a serious matter that can result in penalties, including fines or even imprisonment.
• Change in Custody or Access: The court may decide to alter the custody or visitation arrangement if it believes that the current situation is not in the best interests of the child.
• Make-up Parenting Time: The court may order additional visitation time to compensate for the time missed due to the breach.
• Family Justice Counsellors: In some cases, the court may refer the parties to a family justice counsellor who can assist in resolving disputes related to parenting time.

Seeking Legal Advice

It is often necessary to seek legal advice when dealing with breaches of visitation agreements. A family lawyer can provide guidance on the best course of action and represent the non-custodial parent in court proceedings if necessary.

Resources and Further Reading

For more information on the Family Law Act and resources for resolving family disputes, individuals can visit the BC government’s family justice website. Additionally, the Clicklaw website offers legal information and self-help resources for individuals in BC.

Remember, while this information provides a general overview, each situation is unique, and the outcome in court can vary based on the specifics of the case. Consulting with a legal professional is strongly recommended for personalized advice.