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What to do when mother not complying with court order/father not complying with court order
If you are experiencing difficulties with a child arrangements order, including minor or major breaches, it is advisable to keep a diary of these. This means you will have a clear picture of the difficulties you have faced and details of your ex partner not sticking to court order demands.
Then, try and discuss the breach or breaches with the other parent in the hope that you can reach an agreement without having to return to court. The court process can be stressful, timely and expensive, which even a parent in breach of a court order may want to avoid.
Another option is to use mediation as a neutral forum with a third-party to try and resolve the disagreements. This approach costs less, is less stressful, and is quicker to arrange.
However, in some cases, it is not possible to discuss or agree on arrangements and therefore, the matters must be returned to the court to enforce the original order. A family lawyer can help you in this regard.
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How do I report a breach of court order (UK)
An application for enforcement of a court order is made on a Form C79.
Enforcement proceedings must be dealt with without delay and if possible, listed before the judge that dealt with matters previously. A hearing will be listed within 20 working days of the application been issued.
What will the court consider when deciding to enforce an order?
Once the court receives an application to enforce a child arrangements order, they will consider the following:
- Whether the facts for the alleged non-compliance are agreed or whether it is necessary to conduct a hearing to establish them
- The reasons for any non-compliance
- The wishes and feelings of the child
- Whether any advice is required from Cafcass on the appropriate way forward
- Assess and manage any risks of making further or other child arrangements orders
- Whether a separated parents information programme or referral for dispute resolution is appropriate
- Whether an enforcement order may be appropriate and
- The welfare checklist
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What happens if you ignore a family court order?
At the top of all child arrangements orders, there is a warning notice that sets out the consequences to both parties about what will happen if they do not comply with the order.
There are several powers available to the court when considering an application to enforce and these are as follows:
- Referral of both parents to a separated parents information programme or mediation
- Unpaid work requirement of between 40 and 200 hours where the court is satisfied beyond a reasonable doubt that one party has failed to comply with a provision of the order
- Committal to prison (in very rare/serious cases)
- Changing which party the child or children live with (in very extreme/serious cases)/variation of the child arrangements order to include a more defined order
- A fine
- An order for compensation for financial loss
- A contact enforcement order or suspended enforcement order
Can you change a final court order?
If circumstances change once a child arrangements order has been made, then it might be necessary to ask the court to vary the order if an agreement cannot be reached between the parents.
You will need to complete a C100 application form and explain why you are asking the court to vary the current child arrangements order.
The court will only vary a child arrangements order if they consider it to be in the best interests of the child to do so.
Can a family court order be overturned?
It is possible to appeal decisions made by the family court, and we would advise anyone considering this to take legal advice on their individual circumstances.
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What our clients say
Pooja Patel helped me through cases involving my children and divorce. She is very supportive and was very amazing and got the results needed in very difficult circumstances. I’m thankful l had Pooja at my side and do not know what l would have done without her.
Charlotte Brown and the team at Stowe Family Law have been brilliant since day 1. When I came to them I had been contemplating self representation due to costs, but allowing them to help has been worth every penny.
When I instructed Charlotte I was depleted and terrified, dealing with a very difficult ex partner and on my own in the UK with no family support. Charlotte was calm and patient throughout every hurdle and was a listening ear many times. I felt very much shielded from conflict as well as far as possible which I am extremely grateful for.
Stowe also have an excellent range of barristers and the ones we used were extremely professional, excellent negotiators and worked to help find logical solutions that would get us closer to the last step. Charlotte alongside the barristers were especially good at also helping me see the bigger picture rather than just telling me what I wanted to hear which in turn has led to a very positive outcome. I still have the last order to get to but we're pretty much there and the solution is the best one for my daughter which was the main focus every step of the way.
I had to change my solicitors, that's why I met Kate Bouwmeester at Stowe Family Law. I wish I had her as my solicitor from the very beginning. My financial matter was handled by Kate. Also, she gave me advice on children matters. Kate understood what my expectations were and honestly handled the matter cost-effectively. Kate had been brilliant when it came to clarity and details. She was quick with responses. I would highly recommend Kate Bouwmeester if you are looking for a solicitor for your marital conflict. Unlike some other solicitors, Kate Bouwmeester is able to advise on all matters - divorce, finances and children. I believe that these three matters are linked to one another and having one solicitor, rather than two, for all these matters is more efficient and cheaper. Thank you Kate for helping me
The team you manage have been fantastic with my cases. I moved solicitors and I was very nervous at whether I had done the right thing as it was a big decision. But after meeting Jake and how he listened to me and his no nonsenses attitude which I needed, I felt a lot more at ease. And his quick turnaround to take my cases on to putting a CAO in place last Friday that Ella sorted out for me and kept me in the loop all the way until it was filled with the court. And today Michelle for jumping straight on things while Jake was on leave and getting Ella to deal with the issue where I found my wife was trying to sell sentimental items on Facebook marketplace. Ella quickly responded and dealt with the situation in my opinion perfectly, and the items have been taken down by her now, again she kept me in the loop every step of the way which I really need at the minute. You have an amazing team and I feel very well looked after and I now believe I will get what I and my girls need through all this I know it will take some time, but I have faith in your team you have and trust them.
Congratulations to Helen Miller who maintains Band 3 ranking. Helen Miller is the managing partner at Stowe Family Law for Altrincham, Liverpool and Crewe. She assists clients with financial remedy cases and private law children matters, including abduction cases.
Hannah Stubbs – has significant expertise in children’s, financial and trusts of land cases, covering all eventualities that may arise in a complex case. Her grounded and down to earth manner ensures client expectations are realistically managed throughout.
...I must mention I’ve contacted over 5 solicitors. You are by far the most efficient and have sent me so much information within 24 hours. I feel really comfortable using you as my son is my world and you have shown support already.
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