In family law cases, court orders play a crucial role in resolving disputes and determining the rights of the parties involved. However, there are times when parties fail to comply with court orders, which can have serious consequences. In the recent case of Williams v Williams, the High Court imposed a suspended sentence on one of the parties, demonstrating just how serious continued non-compliance with court orders can be.
Here, Anthony Jones looks at some of the issues around non-compliance with court orders and how to navigate them.
In family law cases, judges make orders that aim to settle financial matters, such as the distribution of assets, child support, and maintenance. These orders are intended to ensure fairness and compliance with the law. When a party breaches a court order, it can cause significant stress and disruption to the other party and any children involved.
The consequences of a breach can vary depending on the nature and severity of the non-compliance. It may be necessary to go to Court to enforce the Order. In some cases, the court may choose to impose a fine or seek to put in place other means of obtaining payment. These can include attachment of earnings, third party debt orders, and warrants of control.
Where the financial circumstances of the breaching party have changed, the court will look at the financial circumstances of the parties and try to find a way forward that is fair but does not place too much undue financial pressure on any one party.
It is essential for parties to comply with court orders, as they serve as a legal directive that must be followed. Failure to do so can result in serious consequences, including additional court costs, damage to relationships, and potentially further legal proceedings.
If you find yourself in a situation where a party has breached a court order, it is important to seek legal advice as soon as possible. Your solicitor will be able to assess your situation and provide you with guidance on the next steps.
O’Donnell Solicitors has an experienced family law team and can guide you through the options and process.
For further advice, please contact please contact Anthony Jones, Director and Head of Family Law at O’Donnell Solicitors.