What to Do When a Court Order Is Breached

What to Do When a Court Order Is Breached: Navigating Contempt & Enforcement

A breach of a Court Order occurs when one party fails to comply with what the order requires — or does something the order prohibits. This can include:

• Not following contact arrangements under a Child Arrangements Order
• Preventing contact without reasonable excuse
• Ignoring a Non-Molestation Order or Occupation Order

When this happens, you may be able to apply to the Family Court to enforce the order and ensure the terms are upheld.

Applying to the Court to Enforce an Order

If a Court Order has been breached, you can apply to the Family Court to enforce it.

The process, and the potential penalties, depend on the type of order that has been breached.

Child Arrangements Orders

If your ex-partner is refusing to allow contact or is not following the agreed custody arrangements, you can apply for an Enforcement Order under section 11J of the Children Act 1989.

The Court will consider whether there was a reasonable excuse for the breach, such as:

• A genuine safety concern
• An emergency situation
• Unforeseen circumstances

The Court will also assess the frequency and seriousness of the breach and whether enforcement is proportionate.

Possible penalties for breaching a Child Arrangements Order include:

• Unpaid work (community service)
• Compensation for financial loss
• Fine or imprisonment (up to 2 years)

If You Cannot Comply with a Child Arrangements Order

If you genuinely cannot comply with a Court Order, take these steps as soon as possible:

1. Inform the other parent immediately and explain the reason.
2. Attempt to resolve matters through mediation, if safe and appropriate.
3. Apply to the Court to vary the order if circumstances have changed. This can be done by submitting a C100 form to vary the existing terms.

Taking early and transparent action can help prevent further conflict and potential enforcement proceedings.

Financial Orders

If your ex-spouse has failed to pay maintenance or comply with a financial settlement, you can apply to enforce a financial order under Part 33 of the Family Procedure Rules 2010.

The Court has several enforcement options, including:

• Attachment of earnings (deducting money directly from wages)
• Freezing bank accounts
• Seizing assets or property
• Committal to prison for persistent breaches or contempt of court

Non-Molestation or Occupation Orders

Breaching a Non-Molestation Order is a criminal offence under section 42A of the Family Law Act 1996.

If this happens:

• Call the police immediately.
• Non-Molestation Orders include a power of arrest, allowing police to act right away.

For breaches of Occupation Orders, you can return to the Family Court to request enforcement or a committal application for contempt of court.

Making Court Orders Clear and Enforceable

To reduce the risk of future disputes, ensure that your Court Orders are:

• Specific and detailed – vague or ambiguous terms are difficult to enforce.
• Realistic – both parties should be able to comply.
• Legally enforceable, with clear consequences for non-compliance.

How Fairmont Law Solicitors Can Help

At Fairmont Legal, our family law solicitors are experienced in handling complex enforcement and contempt proceedings. We can:

• Advise you on your options if a Court Order has been breached.
• Assist with enforcement applications.
• Represent you at Court hearings to ensure your interests are protected.

If you’re facing a breach of a Court Order or need advice on enforcement, contact our family law team today for expert guidance.

0333 222 5014 Book a consultation now