Obtaining a Protection Order When a Parent Fails to Follow Court Orders
In family law, ensuring the welfare of children and the adherence to court orders is paramount. Our founder, Sandy Sihota, as counsel for one of the parties in the case of S.A.M. v. M.R.Y. 2023 BCPC 185, provides an insightful example of how the courts handle situations where a parent consistently fails to follow court orders, and how such actions can lead to obtaining a protection order.
The Context of the Case
In this case, both S.A.M. (the mother) and M.R.Y. (the mother) applied for protection orders against each other, citing family violence. The parents were involved in ongoing litigation concerning parental arrangements, child support, and spousal support. An interim order granted primary care of their children, E.A.M. and E.C.M., to Mr. Y. However, Ms. M. repeatedly failed to comply with this court order and withheld the children from Mr. Y., leading to further legal actions.
Understanding Protection Orders Under the Family Law Act
A protection order under the Family Law Act of British Columbia is a police-enforceable order issued by the court to protect individuals from family violence. Family violence is broadly defined to include physical, sexual, and psychological abuse, including coercion, threats, and harassment.
The Court’s Findings
Judge O. Fleck's judgment highlighted several critical points:
1. Non-Compliance with Court Orders: Ms. M. showed a blatant disregard for the interim parental arrangements order. She neither sought to amend nor terminate the order but chose to ignore it, thereby depriving Mr. Y. of his court-ordered parenting time.
2. Credibility Issues: The court found significant credibility issues with Ms. M. She refused to comply with other court orders, including a DNA test order and the payment of a fine for non-compliance, further demonstrating her contempt for court authority.
3. Psychological and Emotional Impact on Children: The court inferred that the children, E.A.M. and E.C.M., were likely suffering psychologically and emotionally due to the loss of contact with their father. This situation persisted because of Ms. M.'s refusal to follow court orders, constituting a form of psychological and emotional abuse.
4. Protection Order Justification: While the court acknowledged that regular enforcement mechanisms under the Family Law Act (such as fines or incarceration) are available, it found that these measures were unlikely to be effective given Ms. M.'s persistent non-compliance. Therefore, a protection order was deemed necessary to protect the children from ongoing psychological and emotional harm.
Implications for Parents and Legal Practitioners
This case serves as a critical reminder that non-compliance with court orders, especially in family law matters, can have severe consequences. It also illustrates that:
Respect for Court Orders: Parents must respect and comply with court orders, or they risk facing significant legal repercussions, including protection orders against them.
Impact on Children: The court places great importance on the psychological and emotional well-being of children. Actions that deprive children of the love and support of either parent can be viewed as a form of family violence.
Legal Remedies: When traditional enforcement mechanisms are ineffective, courts can issue protection orders to safeguard the welfare of children.
This case underscores the court's commitment to upholding the best interests of children and ensuring that court orders are followed. For parents and legal practitioners, it is crucial to understand the implications of non-compliance and the potential for obtaining protection orders to address ongoing family violence and protect children's well-being.
If you are facing similar issues or need legal advice regarding family law and protection orders, consult our qualified family lawyers at SiLaw Group Family Lawyers to explore your options and ensure the best possible outcome for your situation by calling us at (778) 381-9977, emailing us at info@silawgroup.ca , or booking here for a free consultation and obtaining a quick appointment as early as the same-day or next-day!
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