Failure to Comply with a Court Order

Failing to comply with a court order can have significant consequences. Court orders such as child arrangements orders are legally binding. The following article explains what can happen if a court order is not complied with.

A child arrangements order can specify a number of points, including where a child lives, how much time they spend with each parent, and other important aspects about their care.

If one of the parents does not follow this court order, the other parent can then make an application to the court to enforce the order. The court considers the application and may take steps including penalties and amendments to the order to ensure compliance.

If your ex-partner does not comply with any family court order, the matter should be dealt with quickly. Courts take non-compliance seriously and may impose fines, changes to the existing court order, or contempt proceedings. If your ex does not comply with a court order it is important to speak to a specialist family law solicitor to take the best course of action based on your specific circumstances.

The courts will aim to deal with breaches to court order proportionally, with their focus on restoring compliance. However, breaching a court order is a serious matter and the consequence may include financial penalties, or, in severe cases, imprisonment.

Failing to follow a family court order is considered contempt of court. This refers to disobeying or showing disrespect for the court’s authority. In family law, this can involve failing to comply with child arrangements. Being in contempt may lead to penalties, including imprisonment, especially when the breach is intentional or repeated.

To report a breach, you apply to the court for an enforcement order. You will need to complete and submit Form C79 for child arrangement orders or a similar enforcement application for other family law orders. You include evidence of the breach, such as communication records or missed payments, as part of application. The court then reviews your application and decides on the next steps to address the issue.

Do not ignore a court order. Doing so can have severe consequences. For example, ignoring a child arrangements order may lead to modifications in custody or loss of your visitation rights. Penalties can be imposed and in severe cases, ignoring a court order may result in imprisonment.

Failing to comply with a court order can have severe consequences. If you are currently dealing with issues related to a breach of a court order, or fear a breach may happen in the future, please speak at a specialist family law solicitor who will be able to provide detailed information and guidance related to your situation.

As leading family lawyers in Milton Keynes, we are experienced at helping our clients with their divorce. Contact us to get the advice you need to move forward with confidence. In addition to our head office in Milton Keynes, we also have solicitors in Bicester, divorce lawyers in Watford, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.