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's 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 handshake. 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 repeatedly failing to take the children to their hockey practice, the first step is to always send a BIFF message on OFW asking an open ended question about it and request a discussion regarding a remedy between yourselves.  This no-fee step is expected for every breach.

If you are unable to resolve the problem on your own, the compliant parent faces a strategic choice. You may advise the PC of the breach and request one of two paths (or a hybrid of both) depending on the severity of the issue to the best interests of the child.

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

If the breach shows a fundamental lack of cooperation, under the BC PC Roster standard participation agreement, you will likely choose to proceed directly 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":

A client can return to court not just for "enforcement," but to request mandatory specialized counselling for their co-parent and court supervision of the PC process including the payment of PC fees. This allows a judge to oversee the remedial process by remaining seized, while keeping the children’s interests at the forefront.

Cost Reallocation: The reapportionment of costs for these interventions, including counselling and PC fees, is an important consideration to ensure that 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 an opportunity to reform within the PC mandate. This involves a formal Determination aimed at rehabilitating the dynamic through:

• Mandatory Specialized Counselling: Targeting the root causes of non-compliance by a specialized counsellor for the parent having trouble complying with orders and agreements.
• Remedies to cure the breac: In the example, this could require a Right of First Refusal, requiring the parent to give immediate notice if they cannot attend a practice so the other parent has the opportunity to take the children.
• Reapportionment of PC fees: Under Section 17 of the FLA Regulation, the party in breach may be reapportioned some or all of the costs of the Determination process.
  

3. Capacity and the PC’s Role
While PCs try to teach and reform, depending on the circumstances, a formal Determination of breach can be viewed as a mark against a parent’s current capacity to put the child’s needs first.

PCs are not litigators; their mandate is to effect meaningful change in parental behavior. PCs stay out of the courtroom to maintain 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 is unable to put their children's best interests first, the PC’s paper trail may become some of the evidence used by a judge to consider different avenues of parental decision making such as dividing  parental responsibilities or removing decision-making authority over specific areas, like education or sports.

The Roadmap for Parents
If you are facing a breach, use BIFF, do not blame or accuse, propose solutions and avoid "text-message wars." Also:

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

Written by Cori L. McGuire, a Parenting Coordinator with 28 years of family law experience in British Columbia. Cori has many other articles on the parenting coordination process including: How PCs Manage Conflict, When a Co-operation Stops, and when the Process is failing, Secret Recordings. Further reading by subject is found in our Resource Library.