Enforcement
When a court order is made for financial settlements, maintenance, or child arrangements, both parties are legally bound to follow it. Unfortunately, not everyone complies. At Moloney Family Law, led by Tracey Moloney, we are experienced in taking swift and effective action to enforce court orders. Our aim is to ensure that agreements are honoured, giving you peace of mind and protecting your legal rights.
Key Areas of Enforcement
- Unpaid child maintenance or spousal maintenance
- Failure to comply with property transfer or sale orders
- Breaches of child arrangements orders
- Non-compliance with financial settlement agreements
- Urgent applications for enforcement in the family court
- Protecting children’s welfare and financial stability
- Minimising stress and delay through decisive legal action
Detailed Guidance
When one party fails to comply with a family court order, it can cause significant stress, financial hardship, or disruption to children’s lives.
Our approach is to act promptly and effectively, ensuring that court orders are respected and that you receive the protection and security you are entitled to.
At Moloney Family Law, we guide you through:
- Financial Orders: If maintenance or settlement payments are missed, we can apply for enforcement through methods such as attachment of earnings, charging orders, or seizure of assets.
- Child Arrangements Orders: Where one parent consistently breaches a contact order, the court may impose penalties or vary the order to protect the child’s welfare.
- Property Orders: If a party refuses to transfer or sell property as agreed, the court can step in to authorise the sale or transfer on their behalf.
We tailor our advice to your unique circumstances, balancing compassion with robust representation to protect your interests.
FAQs – Your Most Frequently Asked Questions about Enforcement
What happens if my ex refuses to pay maintenance?
We can apply to the court for enforcement, which may involve deducting payments directly from wages or bank accounts.
Can child contact orders be enforced?
Yes. If one parent consistently blocks contact, the court can enforce the order and may impose sanctions.
Do I have to go back to court to enforce an order?
Often yes, but our team will handle the application and represent you throughout the process.
What penalties can the court impose for non-compliance?
The court can order fines, unpaid work, seizure of assets, or even imprisonment in extreme cases.
How quickly can enforcement be dealt with?
Urgent cases, especially involving children, can be addressed swiftly with emergency applications.
Case Studies
1. Child Arrangements Enforcement
A parent repeatedly ignored a court-ordered schedule, cancelling contact visits at short notice. We applied to enforce the order, providing evidence of the breaches. The court issued a warning notice and required the parent to comply, with the risk of community service if breaches continued. Our client regained regular, reliable contact with their children.
2. Maintenance Arrears
A mother came to us after her ex-partner repeatedly failed to pay child maintenance, leaving her struggling financially. Despite previous warnings, he refused to comply. We applied for an enforcement order, resulting in regular deductions directly from his salary. This ensured consistent support for the children without further conflict.
3. Financal Settlement Enforcement
A client was awarded a lump sum following divorce but the other party refused to pay. We applied for a charging order against their property, which secured the debt against its value. When the property was eventually sold, our client received the full amount owed.
Client Comment
“I felt helpless when my ex ignored the court order for maintenance. Tracey acted quickly and got the payments enforced. It lifted such a weight off my shoulders knowing I could rely on that support for my children.”
