Whether you need to enforce a court order that is being ignored, or you are required to respond to an allegation of a breach, you need urgent expert advice. Our specialist family law solicitors provide robust, evidence-led representation for all parties.
A Family Court Order is a legally binding instruction that must be followed. When it is not, the court provides powerful tools for enforcement. It also provides a clear process for those who need to respond to allegations. Select your situation below.
If your ex-partner or a family member is ignoring a court order, you do not have to accept it. We can help you take formal action to compel them to comply.
We can make an urgent application to the court for an Enforcement Order, which can impose sanctions such as unpaid work or fines on the person in breach.
We can help you attach a Penal Notice to your order, which warns the other party that they could be imprisoned or have assets seized if they continue to breach it.
If the current order is unworkable, we can apply to the court to change its terms to ensure it can be followed in the future.
Being accused of breaching a court order is extremely serious and can lead to severe penalties. It is vital to get expert legal representation immediately.
We will meticulously review the allegations and help you prepare a clear, factual, and robust response to present your side of the story to the court.
If you had a reasonable excuse for not complying with the order, we will help you gather and present the evidence to explain your actions to the judge.
Our solicitors are skilled negotiators and advocates who will robustly represent you in court, aiming to mitigate the consequences and achieve a fair outcome.
In breach proceedings, the court is focused on one thing: the facts. Our role is to present the evidence clearly and objectively. We provide non-judgmental, strategic advice to ensure the court has a full and accurate picture, whether we are acting for the person making the application or the person responding to it.
A breach is any action (or inaction) that goes against the specific terms of the order. For a Child Arrangement Order, this could be failing to make a child available for contact. For a Financial Order, it could be failing to make a payment on time. It does not have to be deliberate to be a breach.
The court has wide powers. It can issue an Enforcement Order (e.g., ordering community service), award financial compensation, vary the original order, or order the person in breach to pay your legal costs. In the most serious cases, breach of an order with a Penal Notice can lead to imprisonment.
The consequences can be severe, ranging from fines, community service, or an order to pay costs, to imprisonment for contempt of court in the most serious cases. It is absolutely vital that you do not ignore the application and seek expert legal representation immediately.
Potentially, yes. The court will consider whether you had a "reasonable excuse" for the breach. For example, if you could not make a child available for contact because they were seriously ill. You must be able to provide clear evidence to support your reason. We can advise on whether your reason constitutes a valid defence.
A Penal Notice is a serious warning attached to the front of a court order. It explicitly states that if the person named in the order disobeys it, they can be held in contempt of court and could be fined, have their assets seized, or be sent to prison. It is a powerful tool for encouraging compliance.
Yes. If circumstances have changed since the original order was made, either party can apply to the court to "vary" (change) its terms. This is often a more constructive solution than repeatedly going back to court for enforcement, and we can help you with this process.
Whether you need to enforce your rights or respond to an allegation, do not delay. Contact our specialist family solicitors for a confidential, urgent consultation.
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Wildings Solicitors are authorised and regulated by the Solicitors Regulation Authority (no. 552128). Wildings Solicitors is a trading name of Wildings Solicitors LLP, a limited liability partnership registered in England and Wales. Registration Number OC360274 registered office 862-864 Washwood Heath Road, Ward End, Birmingham, B8 2NG. A list of Directors is available from the registered offices. We do not accept service by email.
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