Today I’d like to talk about the suspension of one’s driver’s licence by the Family Responsibility Office (FRO).
Under the legislation,* the FRO is entitled to suspend a default support payor’s driver’s licence with30 days’ notice. In this notice the FRO will inform the support payor that his or her driver’s licence may be suspended unless the payor makes an agreement satisfactory to the Director of the FRO, obtains a court order refraining the director from doing so (“refraining order”), or pays all arrears owing under the support order.
The 30-day period following the first notice is crucial. Under the law, the 30-day period is the only window during which the court may deal with the suspension of the driver’s licence. If the 30-day period has expired, the court will no longer have jurisdiction in ordering the FRO not to suspend the licence.
If the driver’s licence has already been suspended by the FRO, it becomes a more serious problem. The court cannot order the director to reinstate the licence. Rather, the support payor must satisfy the conditions as set out in the legislation to have it reinstated.
If you require further assistance, please contact my office at 416 433 5531.
PSWLaw provides effective solution to your family law matters.
*Family Responsibility and Support Arrears Enforcement Act, S.O. 1996, c. 31
Please Note: This article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. Regulation/Legislation referred to may have been amended or repealed since the publication of the article.
