Enforcement of the Terms of a Court Order

Recently, the SCJ in Owen Sound released an unreported case in the matter of Richardson v. Greig. I have attached the endorsement for the information of readers.

To summarize, a final order was passed in May 2019 regarding access. Access went well up until July of 2020. There was an incident that occurred between the parties as a result of which the mother (who has primary custody) refused access from July 6 onwards. At the time of bringing the motion, the father had not seen the children for over a month.

The father brought an enforcement motion, to enforce the terms of the final order. The attached endorsement provides very useful guidance on enforcement of the terms of a final order. The Court went on to add a new provision proposed by the mother’s Counsel to have a parenting coordinator to be involved in the reconciliation process going forward. The parenting coordinator provision was not present in the motion.

The Court quoted from Godard v. Godard, a recent Court of Appeal case that has provided guidance on how a custodial parent should ensure that access takes place and that it is a custodial parent’s responsibility to ensure that access occurs.

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