What Happens When a Parent Breaches a Court Order?

When a Court issues an Order, it is legally binding and must be followed by all parties involved. Unfortunately, there are instances where one party may disregard or breach a Court Order, causing frustration and potential harm to the child and the other party. This article aims to shed light on the consequences and legal recourse available when a party breaches a Court Order in the context of family law.

Understanding Court Orders in Family Law

First and foremost, it's essential to understand what Court Orders entail in family law cases. Court Orders typically outline the rights, responsibilities, and obligations of each party concerning matters such as where a child is to live and spend time with the other party  and other related issues. These Orders are put in place to ensure the best interests of the child and promote stability and consistency in their lives.

Types of Court Order Breaches

A parent can breach a Court Order in various ways. Some common examples include:

• Disregarding the terms of the Order - One party ignores the terms of the arrangement set out in the Court Order such as refusing to allow the other party to spend their court-ordered time with the child.
• Relocating within or outside of England and Wales without permission - A party moves away with the child without obtaining consent from the other party (or all of the parties with parental responsibility) or from the Court.
• Failure to return a child – such as refusing to return the child at the end of the spend time with arrangement.

Consequences of Breaching a Court Order

When a party breaches a Court Order, several consequences may follow, including:

• Contempt of Court

The Court may find the non-compliant party in contempt, which can result in fines, community service, and/or even imprisonment depending on the severity of the breach.

• Modification of Orders

The Court may decide to vary the existing arrangements under the Court Order to better protect the child's best interests, and avoid further breaches taking place

• Make-up time or compensatory spend time with arrangements

The Court may Order the non-compliant party to provide additional time or compensatory time to make up for the other party’s missed or denied time.

• Legal costs

The non-compliant party may be required to pay the other party’s legal costs including court fees incurred as a result of the  breach and bringing the matter back to Court.

• Other considerations

If one party consistently breaches the terms of an Order causing the relationship between the child and the other party to be undermined, the Court may take this into account when making decisions about what is in the child’s best interests. In extreme cases, the Court has been known to change where a child is to live.

Seeking Legal Remedies

If a party finds themselves dealing with a breach of a Court Order, it is crucial to obtain immediate legal advice. The following steps are always recommended in order to assist you in getting the best results: 

Documentation

Keep a detailed record of the breaches, including dates, times, and any supporting evidence such as emails, text messages, or witnesses.

Mediation

Attempt mediation or alternative dispute resolution methods to resolve the issue without escalating the conflict further.

Consult a solicitor

Seek legal advice without delay from an experienced family law solicitor who can guide you through the legal process and represent your interests.

Apply for an enforcement application

If informal resolution attempts fail, you can file an application with the Court to enforce the existing Court Order and seek appropriate remedies. It is advisable to seek legal advice before you take this step.

A breach of a Court Order can have significant implications for all of the parties and, most importantly, the well-being of the child involved. Understanding the consequences and available legal remedies is crucial in such situations. If you believe a Court Order is being breached, consult with a qualified family law solicitor to protect your rights and the best interests of your child.