Contempt of Court
What is a contempt motion?
Contempt motion is not what it looks like on television where the judge would be telling the lawyers or parties that they are going to be “held in contempt”.
The definition of contempt or contempt of court is that one party is being disrespectful to the Court or if the person is being obstructive or restricts justice from being served.
Contempt of court addresses situations where a person behaves in a way that interferes with the court’s business or shows disrespect to the court’s authority. In other words, the course of justice is interferred with. The Supreme Court of Canada has described it as a legal remedy that allows the court “to uphold its dignity and process.”
What is the most common form contempt takes in family court?
The most common form of contempt in family court is breaching or disobeying a court order. In family court matters, when a party is not complying with a court order, a contempt motion can be brought up. A contempt motion can be a great tool for enforcing orders if the other party is not complying with the court’s decisions and directions and you have tried everything else.
What are some examples of contempt in family law?
Examples of contempt in family court include failing to provide financial disclosure, failing to pay child or spousal support or failing to follow an order of temporary custody.
Name the five elements to establish to build a contempt case?
- Were there any enforceable court orders? There must be an existing order, to have a finding of contempt.
- Is the person who allegedly breached the court order aware that there is a court order?
- Is the court order in question clear and direct on things that should or should be done? If the order was vague then this will affect how successful you are in trying to prove contempt.
- The person who was accused of contempt, did they breach the court orders by themselves, or did they do something that prevented the order from being followed or carried out?
- Was the breach on purpose? Whether the breach was accidental or not, due to unavoidable situations that are believed to be beyond both parties control are likely not to be contempt.
Is Contempt of Court Criminal?
Civil contempt is quasi-criminal; therefore, the elements above must be proven beyond a reasonable doubt. The respondent is entitled to ask for a live hearing.
Which rule governs consequences of breaching a order?
Rule 31 of the Family Law Rules governs the procedures of contempt motions in family law disputes.
Name some of the possible consequences of committing contempt of court?
The consequences of committing contempt of court can be severe. The consequences are from fines, denied a defence to jail time. The ultimate goal of finding of contempt is compliance.
What is the difference between in facie and ex facie?
Contempt can be either in facie (in the court itself) or ex facie (outside the court). An example of in facie is when someone does or says something in the courtroom that interferes with or is intended to interfere with the administration of justice. An example of ex facie occurs when someone does not follow the terms of a court order.