Selby Lowndes
Selby Lowndes Family Solicitors Oxfordshire, Wiltshire, Gloucestershire and London offering legal advice, free initial consultation

Enforcement & Variation of Court Orders

non court dispute resolution

When a court order is made, whether that is in financial or children proceedings, the court expects that it will be complied with. If a person does not comply with a court order then it may be necessary to bring enforcement proceedings through the court and/or apply to vary the order.

These applications are relatively rare and require expert advice and assistance, as the courts can make costs orders against the losing party so it is important to know what your chances of success are or whether it might be possible to resolve your case through non court dispute resolution before embarking on court proceedings.

Financial orders (for transfer of property or lump sum payments)

If you have obtained a financial remedy order and any part of it has not been complied with we can advise you on whether you can enforce the order through the court.

OR, if you have not complied with an order, we can advise you whether the order can be enforced, or whether you can make an application to vary it.

What can a court do on an application for enforcement?

order a sale of a property.
make orders for compliance including attaching penalties such as interest.
make a possession order (evict someone from their home).
make a freezing order (freeze assets), and earmark them for payment to the person enforcing the order.
make the person who is in breach of the order bankrupt.
in exceptional circumstances the court can make orders to send people to prison.
If you are required by a court order to pay any money or transfer property and you are unable to comply with the order you should obtain urgent legal advice about the options available to you.

Maintenance Orders

Where the court has made an order for spousal or child maintenance, you may want to enforce, increase, or reduce those payments. If you can't reach agreement with your former spouse/partner, then the court can either enforce, or vary the order as appropriate. We can advise you about the chances of successfully bringing or defending an application to court.

Children Orders

If you have a final child arrangements order and your former partner/spouse is not complying with its terms then we can advise you on whether or not an application to enforce the order is appropriate. In certain circumstances the court can impose sanctions/ penalties for continued non-compliance with a child arrangements order ranging from a fine or imposing contact conditions to imprisonment for contempt of court in the most serious of cases.

Alternatively the court can vary the order in appropriate circumstances.

Highlights

We have helped clients in numerous cases when financial remedy orders have not been complied with, obtaining orders to forcibly sell properties, and remove the occupants if necessary. In these cases, costs orders have been made against the person not complying with the order.

Obtaining an order to forcibly sell the family home and evict the wife after she refused to comply with the financial order. A costs order was made against the wife so that the husband did not have to pay legal fees for her non-compliance.

Obtaining a costs order against a mother who refused to comply with a child arrangements order, and a variation of that order to avoid any further non-compliance.

What People Say

They were straight talking, and dealt with things with speed and attention to detail. They were also very good listeners, understanding my needs and concerns.

A Client

Generally, I feel anxious and unnerved about everything most of the time but I always feel better when I have seen you!

A Client

A solicitor with excellent judgement and a real commitment to his clients.

Chambers and Partners

I always knew where I stood because of the clear advice even when I did not want to hear it.

A Client

I had such an amazing result from my case. I really appreciate all the work and thought that you put in.

A Client

I am writing to thank you and your legal colleagues for recommending Selby Lowndes LLP legal team who helped me through these proceedings. Their dedication, tact and perseverance are laudable. They have been very supportive throughout, and never failed to deliver to help me out in most difficult times.

A Client

A great person to have on your team; he fights hard for his clients but is pleasant to deal with.

Chambers and Partners

I cannot thank you enough for your help, support and encouragement. When I first came to see you I was absolutely petrified and really did not think I could go through with it. Your advice, calm manner and belief that this was possible, enabled me to summon the strength to escape what was a nightmare for so many years.

A Client

Brings a wealth of experience in family work.

Chambers and Partners

I just knew I could put my trust in you and you would always make the right decisions for me and my girls. You made me feel at ease and … you explained things so well and in detail.

A Client

I wanted to write to say a big ‘thank you’ for being such a great solicitor and helping me get through these difficult processes as well as I can imagine someone could. I am really appreciative of the style with which you did this and that you sometimes lightened it all with your sense of humour!

A Client

I didn’t realise what a difficult job you had. You’ve done an amazing job having to deal with my lying, cheating muppet of an ex-husband! If it hadn’t been for you then I would have ended up with nothing. My children and I will be forever grateful to you. Thank you for all your help and advice.

A Client

It’s been a long and difficult journey but your support and advice throughout has been exceptional. So glad you took my case.

A Client

Dear Jane, Thank you very much for your email, I am so glad it did go well and for now is over! I wanted to thank you for all your support and work for the last couple of years and to say how much I appreciated it. You made me feel so heard and seen which is something priceless.

A Client

Dear Jane, Thank you for your advice and assistance over the last year. Most importantly I’m so grateful for the compassion you showed me which shone through when I was at my most vulnerable.

A Client

Dear Ms. Crumpton, I have approved the order. I hope you receive some recognition from your firm for your diligent work on this unusual case.

District Judge

Dear Kelsey, Thank you for all your valuable help. I really appreciate it. I don’t want to sound big headed, but I was right when I said you’ll be going places with your talent! Much as I think you’re brilliant, but… nothing personal… I hope I don’t have reason to use you again! We all deserve a break! Surely though, I will recommend you and William to others as the dream team.

A Client

I wanted to thank you for your guiding hand throughout this process. You have been reassuring, pragmatic, kind and supportive and I am deeply grateful that I had you on my side.

A Client

Excellent judgement.

Legal 500

Experienced and obviously very competent.

Court of Appeal in Horgan vs Horgan