Can An Order For Access Be Enforced?

Pursuant to The Child Custody Enforcement Act, either a custodial or a non­custodial parent can apply to the court for enforcement or change of an access order. In the course of such application, the court may make an access enforcement order that is appropriate in the circumstances, and it may:

  • where access may have been denied, hold a person at fault in contempt of court and impose a fine of up to $500.00 or imprisonment for not more than six months, or both;
  • may require the respondent to reimburse the applicant for any reasonable expenses actually incurred as a result of the wrongful denial of access;
  • may require supervision of the access where the court is satisfied that a person or agency is willing and able to provide proper supervision;
  • where a person has wrongfully failed to exercise access or return the child as the order requires, order the respondent to reimburse the applicant for any necessary expenses incurred as a result of the failure to exercise the right of access or duly return the child, including costs of the application and/or require supervision of the access where such supervision is available.

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