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Enforcing an arbitral award

An arbitral award can be enforced in several ways. It depends in part on what the award says, and what the person who is supposed to comply with it is doing or not doing.

Section 59.8 of the Family Law Act sets out a simplified procedure for enforcing family arbitration awards, stating the documents to be presented and the notices to be given.

If the award orders the payment of money, then it can be registered in court and enforced like a money judgment. Essentially the court can issue an order in the same terms as the arbitrator's award.

If the award is unusual (in that it is not something a court would normally grant), the court may make an order granting a different remedy, or it may send the award back to the arbitrator.

An award dealing with custody of or access to children or with support for children will be enforced only if the court considers the award to be in the best interests of the children involved. Section 24 of the Children's Law Reform Act sets out some factors to be considered in deciding the best interests of the child.

An award for spousal support works the same way as a separation agreement providing for support. It is not enforceable if it results in unconscionable circumstances (a result that is so unfair or undesirable that it shocks the conscience of the court). The person entitled to support could apply to the court for a different amount than in the award, because of this kind of unfairness or because there have been serious changes in his or her circumstances since the time of the award.


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