Legal Question in Family Law in Canada
not following court orders
my ex has broken almost all the agreements set forth from the court order. He does not pay child support on the first of each month and is four months behind on alimony payments. He arranges visitation with my son, when it is to be agree to between us. I have reason to believe he/the girlfriend is mentally abusing my son. i.e. upon one call, he said about coming over and he'd ask me. I told him we had plans. He spoke to our son and said I wouldn't let him see him, which in return caused friction between my son and I. What can I do in order to get my alimony payments, as well, do I have grounds for supervised access. Note: I do have sole custody of the child.
1 Answer from Attorneys
Re: not following court orders
As noted on the profile you read before submitting your question, this answer is only valid if you reside in British Columbia. In B.C. you have several options; 1. You can cite him for contempt; 2. You can obtain a continuing garnishing order that will ensure continuous monthly payments; 3. You can seize and sell some of his assets (a car or truck for example) to pay for past & sometimes future support; as to supervised access you have not provided enough detail to answer, but generally if a psychologist, psychiatrist or clinical counsellor will provide an opinion that his behaviour is having a serious adverse effect on your child, you may apply for an order limiting or terminating access or providing for strict controls including supervised access. You should make an appointment with a lawyer to discuss which course of action to take and the cost.
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