Compliance with Court Orders

Our office recently acted for the Wife in the decision of Molina v. Molina 2011 CarswellOnt 3569 (Ont. S.C.J.).   In this case, the Husband breached several court Orders.  As a result, we brought a motion to strike the Husband’s pleadings for not complying with the Orders.   The Honourable Madam Justice Healey quoted from the decision of Justice Quinn in Gordon v. Starr that “Court Orders are not made as a form of judicial exercise.  An Order is an order, not a suggestion.  Non-Compliance must have consequences.  One of the reasons that many family proceedings degenerate into an expensive merry-go-round ride is the all too common caual approach to compliance with court Orders.”  Justice Healey struck the Husband’s Answer.  As a result, the Husband cannot really particpate in the proceedings.  Justice Healey left it up to the trial judge to determine the extent of the Husband’s participation in the trial.

The moral of the story is that although you may not like a Court Order you must always comply with a Court Order.  If you are not happy with the result, you can attempt to vary the court order or appeal the Order.  If you ignore a Court Order you do so at your peril.   A Court Order is not a “suggestion”.

Confused about Court Orders? Fine & Associates divorce lawyers and family lawyers will help you through the difficulties that lay ahead.