What to Do If Your Ex Violates a Parenting Order in BC: Legal Remedies and Enforcement Explained

DDLaw Legal Solutions When Parenting Orders Are Ignored Uphar Dhaliwal Family Lawyer Surrey

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It’s one of the most frustrating experiences a separated parent can face. You have a legally binding parenting order in place—yet your ex ignores it. Missed exchanges, withheld access, manipulative behaviour in front of your child. What now?

If you’re in British Columbia, you do have legal options. And enforcing a parenting order isn’t just about “getting back” at your ex—it’s about protecting your child and your rights.

At Dhanu Dhaliwal Law Group (DDLaw), we help parents across Surrey and Abbotsford assert and enforce their parenting rights in court when cooperation breaks down.


What is a Parenting Order?

A parenting order is a court order under BC’s Family Law Act that sets out:

  • Parenting time (when the child is with each parent)
  • Parental responsibilities (decision-making authority)
  • Contact (for non-guardians like grandparents)

These orders are legally enforceable. That means if your ex doesn’t follow it, you can go back to court for enforcement.


⚠️ Common Violations of Parenting Orders

Here are real examples we’ve seen from clients in Surrey, Abbotsford, and the Fraser Valley:

  • Denying court-ordered access or visitations
  • Showing up late for pickups and drop-offs
  • Refusing to return the child after scheduled time
  • Blocking phone or virtual contact
  • Making unilateral changes to the child’s schedule
  • Bad-mouthing the other parent in front of the child
  • Withholding travel documents like passports

These actions aren’t just frustrating. They may violate the best interests of the child, which is the core principle of BC family law.


How to Enforce a Parenting Order in BC

There are several legal options available, depending on the situation:

1. File a Notice of Motion for Enforcement

You can ask the court to enforce the existing order and even impose consequences on your ex. The court may:

  • Require makeup parenting time
  • Impose fines or jail time (in extreme cases)
  • Change the parenting order

2. Apply for a Police Enforcement Clause

If parenting time violations are persistent, you can apply to include a “police enforcement clause” in your order. This allows the RCMP to physically enforce the order.

3. Seek a Contempt Order

If your ex’s behaviour is flagrant and repetitive, you may pursue a contempt of court application. This is serious and can result in penalties.

4. Mediation or Parenting Coordination

Sometimes, issues can be resolved outside of court. If your ex is open to negotiation, a mediator or parenting coordinator may help enforce the order informally.

› Learn more about Legal Aid BC’s guidance on enforcing parenting arrangements


What Evidence Do You Need?

The court won’t act on accusations alone. Build a timeline of violations using:

  • Texts or emails
  • Missed exchange records
  • Witnesses
  • Communication logs
  • School or daycare records

Document everything. Courts look for patterns of behaviour.


️ When to Call a Lawyer

The longer violations continue, the more harm is done to you and your child. Call a lawyer if:

  • Your child is regularly withheld
  • Communication with your ex is hostile or manipulative
  • You’re unsure what your rights are
  • The police say they can’t act without a clause

DDLaw can file motions, negotiate with your ex’s lawyer, and escalate your case if needed. We specialize in high-conflict family matters.


What If You’re Accused of Violating a Parenting Order?

Don’t panic. Mistakes happen—but repeated violations will hurt your case. A lawyer can:

  • Help you respond in court
  • Clarify misunderstandings
  • Negotiate modifications to your order if needed

The key is to act fast. Courts look favourably on parents who try to resolve issues early.

Frequently Asked Questions About Parenting Order Enforcement in BC

Only if your parenting order includes a police enforcement clause. Without it, police generally won’t intervene in civil family matters. You’ll need to return to court for enforcement.

Occasional missed visits may not be enough for harsh penalties, but a pattern of denial can justify enforcement action. Keep detailed records and speak to a lawyer if the behaviour continues.

Yes—in serious or repeated violations, the court can hold them in contempt of court, which may lead to fines or jail time. This is rare but legally possible.

It depends on court availability and the complexity of the case. Emergency motions may be heard quickly, but most enforcement applications take weeks to months.

This may constitute parental alienation, a serious concern in BC family law. Courts consider the best interests of the child and can order counseling, parenting coordination, or custody changes if necessary.

Book a Consultation With DDLaw

We don’t offer free consultations—because your future deserves more than a sales pitch. Instead, you get:

  • A detailed legal strategy tailored to your case
  • Real answers about your rights and options
  • Confidential advice from trauma-informed lawyers

Call 604.746.3330 or contact us online to get started.


Related Reading


Dhanu Dhaliwal Law Group — Standing Up For Parents Across Surrey, Abbotsford, and the Fraser Valley.

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Parenting Time in BC: Your Rights, Responsibilities & Legal Options Explained

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