Implementing and Enforcing an Order Legal advice on implementing and enforcing an order

You might be able to make an application to vary an existing court order or consent order if circumstances change or if new information comes to light. If one party breaches the order you are entitled to ask the court to step in and enforce the order where the issue cannot be resolved.

We understand how stressful and frustrating it is to deal with a situation where an order of the family court is not being complied with. We can advise you of the best way to proceed and represent you in an application to the court to implement or enforce the terms of an order.

Asking the court to enforce an order

If your former spouse or ex-partner breaches the terms of an order, it can be helpful to make a note of the breaches and diarise what has happened so that you can give the court full details.

There are a range of options open to the court, and they will always seek to put the interests of any child of the family first when making any decisions or imposing sanctions on the breaching party.

Where an order has been breached because one party has found it unworkable, the order can be varied in accordance with any change in circumstances in order to put a better solution in place.

Where the breach is serious and there is no reasonable excuse, the court can impose penalties on the party who is non-compliant, such as a fine or a prison sentence, the latter of which would usually be suspended.