Once you have issued proceedings, a key step towards bringing a family dispute to an end is securing a final Court Order. However, serious difficulties can arise, particularly, when one person simply refuses to adhere to the terms set out by the Judge.
Whether the issue relates to child arrangements, withheld financial payments, or the refusal to sell a property, a breach can cause significant stress, financial strain, and uncertainty amongst families.
Family Court Orders are legally binding and failing to comply with them can have serious consequences. If your former partner, who was a party to the proceedings, is ignoring an order, it is important to understand what steps you can take, and what enforcement options may be available.
Understanding the enforcement of a Court Order
Enforcement proceedings can be initiated when one party fails to follow the terms of a Court Order. This applies to both financial remedies and children proceedings.
Common examples of failing to follow the terms of a Court Order include:
- Failing to pay spousal maintenance
- Not complying with financial order
- Refusing to follow a Child Arrangements Order
- Refusing to sell a property ordered by the Court
How to start enforcement proceedings
If your ex-partner is in breach of an order, you must follow a structured legal process to enforce it:
- Obtain the order: Ensure you have a sealed copy of the original Court Order.
- Gather evidence: Collect proof of non-compliance. This includes relevant correspondence, bank statements showing missed payments, or accurate contact logs.
- Issue a warning: Wherever appropriate, you or your instructing solicitor should formally write to the other party. This letter must outline exactly which part of the Order has been breached and provide a reasonable timeframe for them to comply.
- Apply to the Court: If the breach continues, you can apply to the Family Court for enforcement using the relevant application form and a supporting statement.
- Attend the hearing: The Court will list a hearing, giving the other party an opportunity to respond to your claims.
- Await the decision: The Judge will decide whether formal enforcement action or penalties are appropriate based on the evidence provided.
The Court have various powers to ensure compliance by both parties, and wherever necessary, impose penalties for continuous breaches.
Enforcing Child Arrangements Orders
Disputes involving children are among the most common enforcement issues in family law.
A Child Arrangements Order can involve arrangements regarding:
- Where a child lives; and
- When a child spends time with each parent or family member.
When one parent repeatedly breaches the order, such as prohibiting contact without a reasonable explanation, it can be extremely upsetting for both the child and other parent.
What happens if a parent breaches a Child Arrangements Order?
Courts have the expectation for parties to comply with Court Orders, unless there is a genuine safeguarding concern, or under exceptional circumstances.
When and if a party breaches the Court Order, the Court consider the following:
- The reason provided for the breach.
- The impact the breach has had on the child.
- Whether the breach was deliberate.
- Whether enforcing the order is in the best interests of the child.
To bring enforcement proceedings for a child arrangements order, you would need to apply to the court using a Form C79.
What happens if a parent is found to be in breach of a Child Arrangements Order?
If the Court finds that a parent has breached a Child Arrangements Order without a reasonable excuse, it has a range of powers available. The Court’s response will depend on the circumstances of the breach, the reasons for non-compliance, and what is considered to be in the child’s best interests.
Possible outcomes may include varying the existing Order, making the arrangements more specific, referring the parents to a programme such as Planning Together for Children, directing the parties to attend mediation where appropriate, or making an enforcement order.
An enforcement order may require the parent in breach to undertake unpaid work. The Court may also order fines. In more serious cases, the Court can consider penalties such as, in exceptional circumstances, imprisonment.
Enforcement of Financial Orders
Financial orders made during divorce proceedings are just as legally binding. When one party refuses to comply, such as hiding assets, missing maintenance payments, or refusing to sign property transfer documents, enforcement action becomes necessary. To enforce a financial order, an application must be made to the court using a Form D50K.
Important Time Limit: If you are applying to enforce financial arrears (missed payments), you must apply to the Court within 12 months of the arrears being due. If you wait longer than 12 months, you will need to seek special permission from the court to recover the older debts.
The party who has not complied with the Order will need to attend Court and they will be warned that if they do not comply with the Order, they will be in contempt of Court, which carries a risk of imprisonment.
The Court has several methods to enforce financial orders, including:
- Judgement Summons: Threatening imprisonment if the debt is not paid.
- Charging Order: Securing the debt against the non-compliant party’s property.
- Order for Sale: Forcing the sale of a property to release funds.
- Third Party Debt Order: Forcing the sale of a property to release funds.
- Stop Order: Preventing the debtor from selling or moving specific investments or funds.
Can Court Orders be changed?
Sometimes, a final Order needs to be adjusted because your circumstances or the status quo of the children’s routine has changed.
If an order is no longer workable, you should apply to vary the order legally, rather than simply failing to comply with it. Ignoring a court order without obtaining proper legal advice can create significant difficulties and will severely weaken your position in any future court proceedings.
Keeping records and evidence
If breaches do occur, it is important to keep clear records wherever possible.
Evidence may include:
- Emails, letters, and text messages.
- Bank statements showing missed payment records.
- A diary or log of missed contact sessions.
Accurate records help the court establish a clear pattern of behaviour, allowing the Judge to determine the most appropriate next steps quickly.
Contact a Specialist Family & Children Law Solicitor
Dealing with a breached Court Order can be emotionally exhausting and legally complex. If you need advice on enforcing a Child Arrangements Order, securing unpaid financial settlements, or varying an existing order, our dedicated team of Family Lawyers is here to help you.
Please do not hesitate to contact our specialist Family Lawyers and Children Law Solicitors to discuss your options or call us on 020 8492 2290.
