When the other side ignores court orders — your options, step by step

REVIEWED BY: Sean McNamara on 2026-09-01

First: document the breach

Before anything else, build a clear record. For each breach note the date, time, what the order required, what actually happened, and any evidence (messages, call log, witness statement). Print the order itself and highlight the breached paragraph. Family courts decide enforcement on facts, and a dated log is far more persuasive than "they never stick to it".

Second: decide the route — it depends on the order type

Child arrangements orders (private law)

Enforcement application under the Children Act 1989 — the court can require attendance at a Separated Parents Information Programme, amend the order, impose an unpaid work requirement, or (as a last resort) order financial compensation or transfer of a matter for consideration of committal.
The court first asks why the order was breached. Genuine welfare reasons (child's refusal, illness, safety concerns) are treated differently from wilful defiance.

Financial orders (lump sums, maintenance, property)

Attachment of earnings, third party debt orders, charging orders, orders for sale, and — for wilful refusal — committal proceedings. See our enforcement guides for each route.

Non-molestation / occupation orders

Breach of a non-molestation order is a criminal offence — call the police. It can also be dealt with as contempt in civil proceedings; the choice belongs to the police/court, not to you.

Third: apply the least escalatory tool that works

Judges expect proportionate escalation. Starting with committal when a gentle enforcement order would work looks unreasonable; endlessly re-applying when the other side flatly ignores the court looks weak. Typical sequence: enforcement application → programme/conditions → unpaid work requirement → compensation → committal as genuinely last resort.

Penal notices

For any order, you can ask the court to attach a penal notice — a prominent warning on the face of the order that breach may be contempt of court, punishable by imprisonment. It removes any "I didn't realise" defence and is almost always worth requesting.

Practical cautions

Never self-help: withholding money, taking the child, or changing locks in retaliation can hand the other side a genuine application against you.
Act within time — for contempt (committal) applications there are strict procedural requirements and the alleged breach must be proved to the criminal standard.
Get advice or use our guide pages for each route; legal aid may still be available for some enforcement involving domestic abuse evidence.

Official links

https://www.gov.uk/child-arrangements-order (child arrangements overview)
https://www.gov.uk/courts-tribunals
https://www.citizensadvice.org.uk/family/ (advice network pages)

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.