What Happens When a Parent Doesn't Follow a Court Order?

7 July 2023 | Family Law | Author: Andrew Robinson

When a court makes an order, it's a legally binding decision that everyone involved must follow. Unfortunately, there are times when one parent might ignore or break a court order, which can be frustrating and potentially harmful to the child and the other parent.

Understanding Court Orders in Family Law

First and foremost, it's important to understand what court orders mean in family law cases. Court orders usually lay out the rights, responsibilities, and duties of each parent regarding matters like the time that the child spends with each parent, child support, and other related issues. These orders are in place to ensure the child's best interests are protected and to maintain stability and consistency in their lives.

Types of Court Order Breaches

A parent can breach a court order in different ways. Here are some common examples:

• Denying time with child: One parent refuses to allow the other parent to spend their court-ordered time with the child.
• Relocating without permission: A parent moves away with the child without getting consent from the court or the other parent.
• Failure to pay child support: A parent neglects their obligation to provide financial support as stated in the court order.
• Ignoring living arrangements: One parent disregards the arrangements established by the court in relation to the child’s upbringing.

Consequences of Not Following a Court Order

When a parent doesn't follow a court order, several consequences may occur, including:

• Contempt of court: The court may find the non-compliant parent in contempt, which can result in fines, community service, or even imprisonment.
• Modification of orders: The court may decide to change the existing court order to better protect the child's best interests.
• Make-up time or compensatory time: The court may order the parent who didn't follow the order to make the child available to spend additional time with the other parent to make up for the missed or denied time.
• Legal costs and solicitor's fees: The non-compliant parent may be required to reimburse the other party for the legal costs and solicitor's fees incurred due to the breach.
• Considerations for parental alienation: If one parent consistently undermines the relationship between the child and the other parent, the court may take parental alienation into account when making future decisions – in extreme cases, this can lead to a reversal of the existing living arrangements.

Seeking Legal Solutions

If a parent finds themselves dealing with the breach of a court order, it's crucial to take the appropriate legal steps. Here are the recommended actions to help you achieve the best outcome:

• Documentation: Keep detailed records of the breaches, including dates, times, and any supporting evidence like emails, text messages, or witnesses.
• Mediation: Try mediation or other methods of alternative dispute resolution to resolve the issue without escalating the conflict further.
• Consultation with a solicitor: Seek legal advice from an experienced family law solicitor who can guide you through the legal process and represent your interests.
• Apply for enforcement: If informal resolution attempts fail, you can file an application with the court to enforce the existing court order and seek appropriate remedies.

Breaking the terms of a court order can have significant implications for both parents and, most importantly, the well-being of the child involved. Understanding the consequences and the legal options available is crucial for parents facing such situations. If you believe a parent has broken a court order, consult with a qualified family law solicitor to protect your rights and the best interests of your child.

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