If an ex-partner ignores a family court order in New Brunswick, you have options. You can use the free Family Support Orders Service (FSOS) to enforce child or spousal support, or file a motion for contempt at the Court of King’s Bench for breaches involving parenting time.
Getting a judge to sign a family court order is a major milestone, but unfortunately, it is not always the end of the battle. Sometimes, a former partner simply refuses to follow the rules. Whether they are skipping child support payments or refusing to respect your scheduled parenting time (formerly known as custody and access), ignoring a court order is a serious offence in New Brunswick. ❗
You do not have to accept this behaviour. The province has specialized services and legal procedures designed to hold uncooperative individuals accountable. From Fredericton to Bathurst, the courts expect all parties to strictly obey legal agreements and orders. Here is how you can ensure your family court order is actually enforced.
Step-by-Step Process in New Brunswick
The enforcement process depends entirely on what part of the order is being broken. Financial support is handled differently than decision-making responsibility or parenting time. 🔍
Step 1: Enforcing Financial Support via FSOS
If your ex-partner is not paying court-ordered child or spousal support, you do not immediately need to go back to court. Instead, you register your order with the Family Support Orders Service (FSOS), a provincial agency. Once registered, FSOS has the power to garnish your ex’s wages, intercept their income tax refunds from the CRA, or even suspend their driver’s licence until they pay the arrears.
Step 2: Documenting Parenting Time Breaches
If the issue involves parenting time, FSOS cannot help. You must build a strong case for court. 📒 Keep a detailed journal of every time your ex-partner violates the parenting schedule. Save text messages, emails, and notes about missed visits. This evidence is crucial for proving to a judge that the breaches are part of a continuous pattern, not just a one-time emergency.
Step 3: Filing a Motion for Contempt
For severe or repeated violations of parenting rules, your lawyer can file a motion for contempt at your local Court of King’s Bench. This asks the judge to penalize the offending party. The judge can order make-up parenting time, force the offending party to pay your legal costs, or in extreme cases, issue fines or jail time for intentionally defying the court.
How Much Does it Cost in New Brunswick?
The financial impact of enforcing an order depends heavily on the method you need to use. 💰
- Family Support Orders Service (FSOS): Enrolling in and using FSOS to collect child or spousal support is completely free for residents of New Brunswick.
- Court Filing Fees: If you must return to the Court of King’s Bench to enforce parenting time, the standard motion fee is typically around $75 CAD.
- Lawyer Fees: Drafting a contempt motion is legally complicated. Retaining a family law firm for this process usually costs between $2,000 and $5,000 CAD, depending on how much court time is required.
How Long Does the Process Take?
Enforcement timelines vary based on the backlog of the courts or provincial agencies. ⌚
| Enforcement Method | Average Timeline in NB |
|---|---|
| FSOS Wage Garnishment | 3 to 6 weeks after registration |
| Federal Interception (CRA) | Up to 6 months for tax season coordination |
| Court Motion for Contempt | 2 to 5 months to get a hearing date |
Frequently Asked Questions (FAQ)
Can the police enforce my parenting time order?
Generally, police in New Brunswick will not intervene in parenting time disputes unless a child is in immediate physical danger. They view family court orders as civil matters. You usually need a specific police enforcement clause in your order, or you must return to court to resolve the breach.
What happens if my ex moves to Nova Scotia to avoid paying support?
You are still protected. Canadian provinces cooperate on support enforcement. The New Brunswick FSOS can work with Nova Scotia’s equivalent agency (the Maintenance Enforcement Program) to collect payments across provincial borders.
Can I stop my ex from seeing the kids if they don’t pay child support?
No. Under Canadian family law, child support and parenting time are two entirely separate legal concepts. You cannot withhold parenting time just because the other parent is behind on financial support, as this could put you in contempt of court.
How do I register with FSOS?
You can apply for the Family Support Orders Service by submitting a Notice of Filing form along with a certified copy of your court order or separation agreement to the provincial FSOS office.
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