My ex is not complying with the custody judgment · what can I do?
In the United States? This answer is Québec and Canadian law. The US side of this site answers different questions, state by state: different law, and different coverage. Go to the US side
Short answer
In Quebec, contempt of court proceedings serve to deter and punish a person who refuses to comply with a judgment. A person found guilty is liable to a fine of up to $10,000 and to community work, and risks imprisonment if they keep refusing.
In detail
JuridiQC sets out several options before getting to that point: discussing it with the other parent so that they comply with the judgment, sending them a mise en demeure (formal notice) to stop the behaviour, filing an application for contempt of court, and, in certain extreme cases, applying to change custody.
Contempt of court is a serious and demanding proceeding. It means showing that a clear judgment exists, that the person knew about it, and that they deliberately refused to comply with it. That is a high burden of proof, and it is exactly why documentation counts for so much.
Note that these recourses run both ways: they are open to the parent who is denied access just as much as to the parent whose child is not brought back at the agreed time.
What to document
A copy of the judgment in force. Then, for each breach: the date, the scheduled time, the actual time, the place, the witnesses, and the written trace (text message, email, co-parenting app message). Also keep the formal notice and proof that it was sent. A dated chronology of ten incidents carries far more weight than a general complaint.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
And to put it in order: our free tools · number your exhibits, set your facts in date order, request a copy of your file. No account, and nothing leaves your browser.
Official sources
- JuridiQC · Contempt of court: when a person refuses to comply with a judgment
- JuridiQC · Your options for enforcing a judgment
Related questions
- Can I move with my child without the other parent's consent?
- How is child support calculated in Quebec?
- In shared custody is there still child support?
- Can we agree that there will be no child support?
- Can I stop paying support if my ex prevents me from seeing my child?
See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.