The applicant brought a motion seeking a finding of contempt against the respondent for allegedly breaching a consent access order relating to the parties’ children.
Although affidavit evidence conflicted on most alleged breaches, the court found that the respondent had withheld access for approximately two weeks and that her justification for doing so lacked credibility.
Despite concluding that the elements of civil contempt could have been established beyond a reasonable doubt for that incident, the court declined to make a formal contempt finding.
Emphasizing that contempt in family law matters is a remedy of last resort, the court determined that the circumstances did not warrant such a sanction at that time.
The motion was dismissed, though the respondent’s conduct would be considered on the issue of costs.
