An Overview of Procedural Fairness in Family Law

A restraining order in the context of family court is an order that prohibits the contact that one party can have with another. Based on the particulars of a given restraining order, it can prohibit direct and/or indirect contact, and require that the party against whom the restraining order has been taken out maintain a certain physical distance from the other party. In the family law context, a restraining order has to be requested by way of a motion brought at the court. The party seeking the order must provide affidavit evidence to substantiate the need for the restraining order. The party against whom the order is sought must likewise have an opportunity to argue his/her case, and to this end judges will usually ask that a motion for a restraining order be brought with notice to the other party.

If you believe that your restraining order is required immediately, you may bring an urgent, ex parte motion for same (ex parte means that the motion is brought without notice to the other party, who is not served with your motion materials and is not given notice that the motion will even be taking place). Because restraining orders can affect possession of the matrimonial home and parenting time, it is imperative that the party against whom the order is sought have the opportunity to make his or her own case. Accordingly, if a judge grants a restraining order brought on an urgent, ex parte motion, the judge will also order that the motion return in one week’s time so that the party against  whom the order has been granted may be  properly served with motions materials and  have an opportunity to defend the action.

Suppose one of the parents does not follow the court’s order. He or she may be called to court and explain why she wasn’t able to uphold the initial agreement. If his or her reason isn’t valid, the court may change the earlier deal, and it may favor the other parent.

Each province and territory in Canada has a maintenance enforcement program for family orders and agreements. Additionally, the federal government may refuse to issue a Canadian passport if the applicant is delinquent in child support payments. They also have the authority to garnish wages for the back payments owed. In the USA, the Office of Child Support Enforcement, which is part of the Administration for Children and Families in the Department of Health and Human Services, is now in charge of the federal child support enforcement program.

Ex parte motions provide an exemption to the principles of due process in emergencies by allowing you to petition the court without having to give notice or serve the other parties in your case. If the judge issues the ex parte order, it’s only for a limited time.

Yes, it is possible to change the initial terms of a separation agreement if you and your spouse agree to the changes and sign a written agreement to change the terms. If your spouse does not agree to change the terms, you can make a court application to change the separation agreement.

No matter what the circumstances surrounding your separation agreement are, our Toronto separation lawyers can help you make changes when you need to.

You can use this motion if you need to change your order. By filing this motion, you’re asking the court to change something in your final order. It would help if you showed that there has been a substantial change in circumstances since the last court order. You can’t file this motion just because you disagree with the order. You shouldn’t also file this motion too soon after the court releases the final order. If things have changed in your children’s lives, you can ask to modify the order based on those changes. Other samples you can change may include but not be limited to:

• Spousal support
• Decision-making issues for the children
• Issues related to parenting time
• Child support

If you deny court-approved parenting time, it could be a possibility. The court may find you in contempt. You may also have to compensate the other person for any lost parenting time or legal fees they had to pay to enforce the parenting arrangement.

If you get an order and want to change it, you first need to assess your relationship with the opposing party.
If you both agree, you can apply for a consent order and need not go to court. If you do not, you may seek help from mediators or counsellors who can help you talk things out. If you still do not agree after mediation, you will need to apply to the court to change the order.