What to Do If Your Ex Isn’t Following a Court Order in Alberta

You went through the process. You got a court order — for parenting time, support, or something else. And now your ex isn’t following it.

It’s one of the most frustrating situations in family law. You did everything right, and the other person is ignoring what a judge ordered them to do.

The good news is that court orders are enforceable. The bad news is that enforcement isn’t always automatic — in most cases, you have to take steps to make it happen. Here’s what you should know.

First: Document Everything

Before you take any legal action, start keeping a clear record of every violation. This matters more than most people realize. When you go back to court (or to an enforcement agency), you’ll need specifics, not generalities.

Write down:

•        The date and time of each violation.

•        What the order says should have happened (e.g., “Pickup at 5pm on Friday”).

•        What actually happened (e.g., “Children were not made available. No communication until Saturday morning.”).

•        Any communication — save texts, emails, voicemails. Screenshots are fine.

•        Impact on the children. If the violation affected the kids (missed events, distress, disruption to routine), note it.

A log with dates, times, and specifics is far more persuasive to a judge than “they keep violating the order.” Be factual, not emotional, in your records.

Parenting Time Violations

If your ex is denying you parenting time, showing up late, keeping the children past the agreed-upon time, or otherwise not following the parenting schedule in your court order, you have several options.

Option 1: Try to Resolve It Directly

This doesn’t always work, and it’s not always appropriate (especially in high-conflict situations). But if the violation is minor or appears to be a misunderstanding, a clear written message referencing the specific terms of the order can sometimes resolve it. Keep the message factual: “The order says [X]. This didn’t happen on [date]. I expect the order to be followed going forward.”

Put it in writing (text or email) so you have a record.

Option 2: File a Contempt Application

If direct communication doesn’t work or the violations are serious or repeated, you can bring a contempt of court application. This asks the court to find your ex in contempt for deliberately disobeying a court order.

Contempt is serious. If found in contempt, the consequences can include:

•        Make-up parenting time to compensate for the time that was denied

•        A fine

•        Costs (your legal fees paid by the other party)

•        In extreme cases, a change to the parenting arrangement

•        In very extreme cases, jail time (rare in family law, but possible)

To succeed, you generally need to show that the other party knew about the order, understood what it required, and deliberately chose not to follow it. This is where your documentation matters.

Option 3: Apply to Vary the Order

Sometimes the pattern of violations reveals that the current order isn’t working. If your ex consistently can’t or won’t follow the parenting schedule, you may be better off applying to change the order rather than enforcing the existing one. A judge may agree that a different arrangement better serves the children’s interests.

Child Support Violations

If your ex has stopped paying child support or is paying less than what’s ordered, you don’t have to go to court yourself. Alberta has an agency that handles this.

Maintenance Enforcement Program (MEP)

The Maintenance Enforcement Program is a government agency that enforces support orders and agreements in Alberta. If your support order is registered with MEP (which happens automatically for most court orders), they have significant enforcement powers, including:

•        Garnishing wages directly from the payor’s employer

•        Seizing bank accounts

•        Suspending driver’s licences

•        Seizing federal payments (tax refunds, GST credits, EI benefits)

•        Registering liens against property

•        Reporting to credit bureaus

•        In extreme cases, requesting a court order for imprisonment

If your order isn’t registered with MEP, you can register it. If it is registered and enforcement isn’t happening fast enough, you can contact MEP to follow up on your file. You can also bring your own enforcement application to court if needed, though MEP handles the majority of cases.

What If Their Income Has Changed?

If your ex claims they can’t pay because their income has dropped, the proper process is for them to apply to the court to vary (change) the support amount. Until a court changes the order, the original amount is still owed. They can’t unilaterally decide to pay less.

Arrears (unpaid support) accumulate and are enforceable. They don’t go away.

Property and Other Order Violations

If your ex isn’t complying with a court order related to property division, sale of the family home, transfer of assets, or other financial matters, enforcement typically involves going back to court.

You can bring an application asking the court to:

•        Order compliance with specific timelines

•        Appoint someone to sign documents on the non-compliant party’s behalf

•        Find the party in contempt

•        Award you costs for having to bring the application

Property enforcement can be complex, especially when the non-compliant party is deliberately hiding assets or delaying. This is an area where legal help is particularly valuable.

What Not to Do

When your ex isn’t following a court order, it’s tempting to take matters into your own hands. Don’t.

•        Don’t withhold parenting time because they’re not paying support. Parenting time and support are separate legal obligations. Withholding one because the other isn’t being met can put you in violation of the order too.

•        Don’t stop paying support because they’re denying parenting time. Same principle. Address each issue through the proper channels.

•        Don’t make unilateral changes to the schedule. Follow the order as written, even if the other person isn’t. Your compliance strengthens your position if you need to go back to court.

•        Don’t involve the children. They should not be put in the middle, asked to report on the other parent, or made aware of legal disputes. Courts take this very seriously.

The strongest position you can be in is one where you’ve followed the order to the letter, documented every violation by the other side, and taken the proper legal steps to enforce it.

When to Get a Lawyer Involved

Some enforcement situations you can handle yourself — registering with MEP, sending a clear written communication, or filing a straightforward application.

But if the violations are serious, repeated, or involve complex issues like hidden assets, relocation, or safety concerns, getting a lawyer involved is worth the investment. A lawyer can:

•        Draft and file the enforcement application properly

•        Present your documentation effectively to the court

•        Advise you on the strongest approach for your specific situation

•        Represent you at the hearing

Even if you’re not ready to retain a lawyer for the full process, a consultation can help you understand your options and decide on your next step.

If your ex isn’t following a court order and you’re not sure what to do next, I can help you figure out your best option. Book a $100 consultation — applied to your first session if you decide to work with me.

This post is general information about Alberta family law and is not legal advice. Enforcement situations vary widely depending on the specific facts. If you need advice about your situation, please consult a lawyer.