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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.

At Shankar Law, we are happy to assist and guide you through whatever challenges you have in your spousal, parental and marital life. We work in three counties: Huron, Bruce, and Grey and span several cities (Southampton, Kincardine, Goderich, Wiarton, Hanover, Dundalk, Walkerton, Meaford, Markdale, Chatsworth), through our two locations in Port Elgin and in Owen Sound.

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