Resource · Court Process

What If Your Ex Doesn't

Comply With a Court Order?

Understanding your options when a court order is being ignored.

A court order is legally binding on both parties. If your ex-partner is not complying with a court order, whether it relates to children, finances or property, there are steps you can take to enforce it.

First steps

Before making a formal application, document the non-compliance, keep records of dates, what was supposed to happen and what actually happened. Try to raise the issue with your ex in writing, calmly and specifically. There may be a genuine reason for a one-off failure to comply that can be resolved without court.

Application to enforce

If non-compliance is persistent, you can apply to the court for enforcement. The application process differs depending on the type of order:

  • Child arrangements orders, use Form C79 to apply for enforcement
  • Financial orders, various enforcement mechanisms depending on the nature of the order
  • Property orders, the court can make orders to compel compliance

Consequences of non-compliance

Courts take non-compliance seriously. Consequences can include fines, unpaid work requirements, variation of the order or, in serious cases, committal to prison.

Frequently asked questions

What if my ex keeps making excuses for not following the order?
Document every instance. Persistent non-compliance with reasonable explanations is still non-compliance. You can apply to enforce and the court will consider the pattern of behaviour, not just individual incidents.
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