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.
What counts as non-compliance with a court order
Non-compliance can take many forms: failing to make financial payments, refusing contact with children as ordered, failing to disclose financial information, or breaching a non-molestation order. The seriousness of enforcement options available depends on the nature and severity of the breach.
Steps to take
Document the non-compliance carefully, keeping a log of every instance with dates, times, and what happened. In the first instance, a solicitor's letter pointing out the breach and its potential consequences sometimes prompts compliance. If not, an enforcement application may be necessary.
Frequently asked questions
What can I do if my ex is not following a court order?
You can apply to the court to enforce the order. For child arrangements orders use Form C79. For financial orders there are various enforcement mechanisms including charging orders, attachment of earnings, and committal for contempt. Keep detailed records of every breach before making an application.
Can my ex go to prison for breaching a court order?
In serious cases of deliberate non-compliance, yes. Committal for contempt is available for significant breaches, including repeated refusals to allow court-ordered contact, breaches of non-molestation orders, and deliberate non-payment of financial orders. Committal is a last resort.
What is a penal notice?
A penal notice is a warning attached to a court order that puts the recipient on notice that breach may result in committal to prison, a fine, or other punishment. A penal notice is required before a committal application can be made.
My ex is not allowing contact as ordered. What do I do?
Document every missed contact with dates and details. Write to your ex pointing out the breach. If the refusal continues, apply to the court using Form C79. The court has enforcement options including unpaid work requirements, financial penalties, and in serious cases variation of the order or committal.
My ex is not paying maintenance or financial orders. What can I do?
For child maintenance, the Child Maintenance Service (CMS) has its own enforcement powers. For court-ordered spousal maintenance or lump sum payments, enforcement options include attachment of earnings, charging orders on property, third-party debt orders, and in serious cases committal.
How long do I have to enforce a court order?
There is no fixed limitation period, but delays can work against you. Apply promptly when a significant breach occurs.
What if I have a consent order that is not being followed?
A consent order is a court order and is enforceable in the same way as any other court order.