Enforcement of a Family Arbitration Award

If you are directly involved in a family arbitration you may ask a court to enforce any of the terms of the arbitration award (the decision of the arbitrator). These cases can only be brought in the Superior Court of Justice (which includes the Superior Court of Justice, Family Court). Going to court may be necessary in order to register support payments with the Family Responsibility Office or to enforce another part of the award.

The process to follow will depend on whether or not you or the other party have already started a case in family court.

If a case has not already been started:

You or the other party can file a Form 32.1 Request to Enforce a Family Arbitration Awardin the court to enforce the terms of the arbitration award. The procedure for these requests is set out in rule 32.1 of the Family Law Rules.

Either party can also file a Form 8: Application (General) to enforce a family arbitration award, or to get another order relating to the arbitration.

If a case has already been started:

You or the other party will need to bring a motion to enforce an arbitration award. This will usually be a motion under Rule 14 of the Family Law Rules, but in some circumstances may also include a motion under Rule 16.

If you are asking a court for an order relating to a family arbitration, your court documents must include:

  • the certificates of legal advice,
  • the family arbitration agreement and
  • the family arbitration award (if applicable).

If you are seeking an order for custody of or access to a child, you must also complete a Form 35.1: Affidavit in Support of Claim for Custody or Access.