When PC Agreements are Ignored: Enforcement and Capacity

Parenting Coordination (PC) is designed to move families out of the courtroom and into a functional, child-focused dynamic. However, a significant challenge arises when, after weeks of negotiation and mounting fees, one parent treats a final agreement as a mere suggestion.

In BC, failing to follow a signed PC agreement isn't just a "misunderstanding"—it is a failure to uphold the best interests of the child and a potential trigger for significant legal and financial consequences.

1. The Legal "Teeth": Filing under Section 44
A PC agreement is not a "gentleman’s agreement." Under Section 44 of the Family Law Act, a written agreement respecting parenting arrangements may be filed with the court.

Once filed, the agreement has the same force and effect as a court order for the purposes of enforcement. You are no longer asking for a favor; you are expecting compliance with a legal obligation.

2. The "Fork in the Road": Strategic Responses to a Breach
If a parent acts contrary to a filed agreement—such as failing to take the children to their hockey practice—the compliant parent faces a strategic choice. You must advise the PC of the breach and decide on one of two paths (or a hybrid of both):

Path A: The Enforcement & Oversight Route (Returning to Court) 

If the breach shows a fundamental lack of cooperation, you may choose to proceed to court for enforcement. Because the agreement is filed under s. 44, the court can treat the breach as a violation of an order.

The Hybrid "Last Hope":

Many clients return to court not just for "punishment," but to request mandatory specialized counselling and court supervision of the PC process. This allows a Judge to oversee the remedial process while keeping the children’s interests at the forefront.

Cost Reallocation: This is the time to discuss the reapportionment of costs for these interventions, including counselling and PC fees, ensuring the breaching parent bears the financial weight of the remedy.

Path B: The "Teaching" Route (The PC Determination) 

Alternatively, the PC process can be used to give the breaching party another chance to reform within the PC's mandate. This involves a formal Determination aimed at rehabilitating the dynamic through:

• Mandatory Specialized Counselling: Targeting the root causes of non-compliance or alienating behavior.
• Right of First Refusal: Requiring the parent to give immediate notice if they cannot attend a practice (minimum 24 hours) so the other parent has the opportunity to take the children.
• Cost Penalties: Under Section 17 of the FLA Regulation, the party in breach is typically responsible for 100% of the costs of the Determination process.
  

3. Capacity and the PC’s Role
While PCs try to teach and reform, a formal Determination of breach is a significant mark against a parent’s capacity. It provides objective evidence that a parent may be unable to put the child’s needs first.

A Note on PC Neutrality: PCs are not litigators; their mandate is to stay out of the courtroom to maintain absolute impartiality. Their input is limited to what is outlined in their written Determinations. They remain in a rehabilitative role, focused on reform rather than blame. However, if a parent refuses to learn, the PC’s paper trail may become the primary evidence used by a Judge to potentially remove decision-making authority over specific areas, like education or sports.

The Roadmap for Parents
If you are facing a breach, avoid "text-message wars." Instead:

• Document the Fact: Keep a neutral record of missed events.
• Notify the PC: Advise them of the breach immediately.
• Choose Your Path: Decide if you want a "teaching" Determination or if it is time to return to court for supervised enforcement and mandatory counselling.
• Accept the Guidance: If you are the parent in breach, take the "hint." The PC process is an opportunity to reform before the court takes the decision-making out of your hands entirely.