Obtaining an order that is legally enforceable can be done in various ways. For example, you may start an application in the court to obtain an order for custody, access, support, or division of family property, among other things. Once the court makes a decision regarding your case, a court order will be issued.
In other situations, spouses will come to an agreement in a less formal setting; for example, by sitting down with their lawyers or a mediator. Informal discussions such as these can result in the creation of a domestic contract, such as a separation agreement, a paternity agreement, or a cohabitation agreement. In order for these agreements to be enforceable, they must be filed with the court.
Do family lawyers go to court?
Yes, family lawyers frequently attend court proceedings. However, their role extends beyond litigation. Their responsibilities include negotiation, mediation, and pursuing alternatives to court wherever possible to ensure the best outcomes for their clients. While they possess the requisite skills for rigorous legal battles, the objective of family lawyers is not to ‘destroy the other side,’ but to safeguard their clients’ interests and rights.
What happens if you do not follow a family court order in Ontario?
In Ontario, non-compliance with a family court order can lead to serious consequences. Among these is the possibility of the court imposing an order for costs. This mandates the non-compliant party to cover a part of the opposing party’s legal expenses. For instance, if the compliant party had to initiate an additional motion to enforce the order, the party in violation might be legally required to compensate them for the associated costs. This serves as a deterrent to ensure all parties adhere strictly to court orders.
At Russell Alexander Collaborative Family Lawyers, we regularly help clients obtain the support payments they are entitled to receive from their former spouse. If your former spouse is withholding their support obligations from you, please contact us for more information.
