Protection Orders When Court Orders Are Ignored

The Context of the Case

Understanding Protection Orders Under the Family Law Act

A protection order under section 183 of the Family Law Act of British Columbia is an order the court may make against a family member for the protection of an at-risk family member where family violence is likely to occur. It is enforceable by police under section 188, which allows an officer with reasonable and probable grounds to believe a term has been contravened to take action to enforce the order, whether or not there is proof it was served. Unless the court provides otherwise, a protection order expires one year after it is made (s. 183(4)). 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. The Family Law Act also gives courts specific remedies under section 61 when parenting time or contact is wrongfully denied, including compensatory parenting time and reimbursement of expenses such as travel costs, lost wages and child care. An application under section 61 must be made within 12 months after the denial, and section 62 sets out circumstances in which a denial is not considered wrongful.

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 understand your options by calling us at (778) 381-9977, emailing us at info@silawgroup.ca, or booking a free consultation online. Appointments are often available same-day or next-day.

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Case Reference: S.A.M. v. M.R.Y. 2023 BCPC 185

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