Contempt of court

<span style="font-family: Calibri; font-size: small;">The mother of my grandson I believe has moved to another province and my son at this time is not I believe in a position to mentally deal with this and he does have a court order for supervised visitation. Although she was letting my son see the child anytime he wanted up until December of 2011. This I feel means she went against the court order herself and then had him charged for going against the order. I know that moving to another province while he has visitation rights is against the order. </span> <p><span style="font-family: Calibri; font-size: small;">Since he can`t or won`t do anything about this move would I as the grandmother be in a legal position to have anything done in regards to this matter and having the child and or her brought back for contempt of the court order.</span></p> <p><span style="font-family: Calibri; font-size: small;">She did leave without informing anyone including the father other than her family of this move.</span></p> <p><span style="font-family: Calibri; font-size: small;">Thank you and hopefully I will hear from you as this concern me greatly.</span></p>


Asked over 8 years ago in Ontario
Categories: Family Law

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Marc A.  D'Heureux

Answer by Marc A. D'Heureux

VerifiedOntario lawyer


A contempt motion is an often fairly "technical" area of the law. As such, without seeing the exact wording of the court order and without knowing all of the relevant circumstances I cannot say whether the mother is in contempt of the order or not.
In any event, if you are not a party to the court case between your son and grandson's mother you would not have standing to bring a contempt motion. It would be up to your son to do so.

Posted over 8 years ago

Please contact me directly for a consultation. Marc A. D'Heureux, Barrister & Solicitor, 555 Kingston Road. West, Ajax ON Tel:(905) 427-4077 ext. 27 Email: MarcD@reillyandpartners.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Marc A. D'Heureux, or search the Lawyer Directory.


Lorne  Fine

Answer by Lorne Fine

VerifiedOntario lawyer


I am uncertain if the Order granted you rights to see the child.  If it did not, your son would have to bring the contempt motion.  However, as a grandmother, you do have rightst to visit the child notwithstanding the terms of the Order.  Please call to discuss.

Posted over 8 years ago

Please contact us directly to discuss your matter in detail. Lorne J. Fine Barrister & Solicitor FINE & ASSOCIATES PROFESSIONAL CORPORATION Family and Divorce Lawyers 1120 Finch Avenue West, Suite 601 Toronto, Ontario M3J 3H7 Tel: (416) 661-2066 Fax: (416) 661-2116 Email: lfine@torontodivorcelaw.com Please see our website www.Torontodivorcelaw.com for additional information on aspects of Family/Divorce law. Please join our blog www.torontodivorcelaw.com/blog

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Lorne Fine, or search the Lawyer Directory.

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