After a Separation Agreement has been signed, sometimes an issue arises when one person isn’t following the agreement.
If this is an urgent situation, where the safety of the children is at risk or removal from the jurisdiction without consent, police assistance or an urgent court order may be appropriate.
If the matter is non-emergency, start with confirming what legal documents you have.
Step 1: Confirm if you have an Agreement, or also a court order.
Step 2: If you have an Agreement, review the Agreement to see what clauses it contains about breaches. There may be an enforcement clause, mediation clause, arbitration clause, or even a clause about how the legal fees will be paid if enforcement is necessary.
The non-emergency breaches usually fall within one of the following categories: a) child and spousal support payments, b) parenting plan, c) providing financial disclosure, c) property transfers.
There are out- of-court resolution options and court options to try to enforce an Agreement. Out of court options may include, for example:
-mediation,
-arbitration,
-Child Support Resolution Program (https://www.alberta.ca/child-support-resolution-program);
-Child Support Recalculation Program (https://www.alberta.ca/rp-am-i-eligible);
-Maintenance Enforcement Program (https://www.alberta.ca/maintenance-enforcement-program);
-family court counsellor meeting;
-parent coordination;
-online parenting/communication calendars/apps/tools (such as OurFamilyWizard).
Depending on the urgency and the issues, sometimes a court application is necessary. This court application could be to have an initial order (on the same terms as the Agreement), to enforce the previously agreed terms; to obtain disclosure, or perhaps to adjust or vary the terms if the circumstances are appropriate.
This is a general outline of some options, and specific legal advice for your situation is recommended. There may also be important deadlines for bringing a court application.
– Written by Ceri Chwieros
