What Happens When a Parent Breaches a Court Order?

When a court makes an order, it becomes legally binding and must be followed by all parties involved. Unfortunately, there are instances where one parent may disregard or breach a court order, causing frustration and potential harm to the child and the other parent. This article sheds light on the consequences and legal recourse available when a parent breaches a court order.

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 each parent's rights, responsibilities, and obligations concerning matters such as who the child lives with, contact with the other parent and other related issues. These orders are implemented to ensure the child's best interests and promote stability and consistency in their lives.

Court Order Breaches

A court order can be breached in various ways or on multiple occasions. The most common breach we experience is when a parent refuses to allow the other parent to spend time with the child per the Court Order. When this happens, the Court will determine whether this breach was reasonable.

Consequences of Unreasonably Breaching a Court Order

When a parent breaches a court order, several consequences may follow, including:

• Contempt of Court - The Court may find the non-compliant parent in contempt, which can result in fines, community service, or even imprisonment.
• Parental alienation considerations - If one parent consistently undermines the relationship between the child and the other parent, the Court may consider parental alienation when making future decisions.

Seeking Legal Remedies

If a parent finds themselves in a situation where the other parent has breached the Court order, it is helpful to take appropriate legal action to know where you stand. The following steps may assist you in getting the best results. 

• Documentation - Keep detailed records of all breaches, including dates, times, and 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.
• Seek legal advice - An experienced family law solicitor can guide you through the legal process and represent your interests.
• Application 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.

A court order breach can have significant implications for both parents and, most importantly, the child's well-being. Understanding the consequences and available legal remedies is crucial for parents facing such situations. If you believe a parent has breached a court order, consult with a qualified family law solicitor to protect your rights and your child's best interests. You can contact our Family team for help and advice on 023 8063 9311 or email enquiries@warnergoodman.co.uk.