Enforcing Custody Agreement Ontario: What You Need to Know
Custody agreements are legal documents that outline the custody and access arrangements between parents or guardians of a child. In Ontario, custody agreements are governed by the Family Law Act and the Divorce Act.
Despite the existence of a custody agreement, disputes and disagreements can still arise between parents. When one parent fails to comply with the agreement, the other parent may need to take legal action to enforce the agreement.
If you find yourself in a situation where you need to enforce a custody agreement in Ontario, here are some key things you need to know.
1. Understand the terms of the custody agreement
The first step in enforcing a custody agreement is to fully understand the terms and conditions of the agreement. Review the agreement carefully to ensure that you have a clear understanding of your rights and obligations as well as those of the other parent.
2. Identify the issues
Identify the specific issues that are in dispute. Is the other parent failing to adhere to the custody schedule? Are they denying you access to the child? Are they not paying child support as per the agreement? Clearly identify the issues that are in dispute so that you can take appropriate action.
3. Try to resolve the issue amicably
Before taking legal action, try to resolve the issue amicably with the other parent. Reach out to them and try to have a conversation about the issue at hand. Sometimes, this can be enough to resolve the problem.
4. Seek legal advice
If attempts to resolve the issue amicably fail, seek legal advice. A family law lawyer experienced in custody disputes can help you understand your legal options and take appropriate action.
5. File a motion with the court
If the other parent is still not complying with the custody agreement, you may need to file a motion with the court. The court has the power to enforce the terms of the agreement and can order the non-compliant parent to comply with the terms of the agreement.
6. Follow court orders
Once the court has made an order, it is important to follow it. Failure to do so can result in further legal action and even sanctions.
Bottom line
Enforcing a custody agreement in Ontario can be a complicated and emotional process. It is important to understand your rights and obligations, identify the issues, and seek legal advice if necessary. With the right legal representation and a clear understanding of the legal process, you can enforce your custody agreement and ensure that your child`s best interests are protected.