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BC Supreme Court · Enforcement

Enforcing a BC Supreme Court family order

A court order is not self-enforcing. The correct enforcement route depends on whether the order requires payment of money, delivery or possession of property, or another act.

Start with the wording of the order. Enforcement tools are different from applications to change an order. If the order no longer works, variation may be the real issue rather than enforcement.

Money orders

Rule 15-4 provides enforcement tools for money payable to a person, including a writ of seizure and sale in Form F57. Different writs apply where money is payable into court or where land or other property must be delivered.

Non-money obligations

For orders requiring possession, delivery or another act, the Rules provide different writs and enforcement procedures. Do not assume the F57 money-enforcement process fits every order.

Proof and practical steps

Some enforcement steps require proof that the order was served and not obeyed. Keep the entered order, service evidence, payment history and a clear calculation of what remains outstanding.

Support is different

Child and spousal support may be enforceable through the BC Family Maintenance Agency. If a support order is enrolled, the statutory enforcement scheme can affect who takes enforcement steps.

Cost planning

Ask first what remedy is actually needed. A targeted enforcement step may be far cheaper than reopening the underlying family dispute.