Understanding and Following Family Court Orders

A “sealed” order is the official version of the court’s decision, stamped with the court seal. It is the document that has legal effect. A draft or a recollection of what was said in court is not the order.

Always work from the sealed order. If you do not have it, request a copy from the court. Do not rely on memory or on what the other parent told you.

Every date, time, condition and restriction in an order is there for a reason. Following the order means following all of it, not just the parts that suit you.

Partial compliance is not compliance. Being on time but ignoring a condition, or following a condition but arriving late, are both breaches.

Several types of order are made under the Children Act 1989. In general terms:

• A child arrangements order sets out who a child lives with and spends time with.
• A prohibited steps order prevents a parent from taking a specific step without the court’s consent.
• A specific issue order resolves a particular question about a child’s upbringing.

This list is a general summary. Your order may combine these or include other terms. Read it carefully.

An interim order is made to manage things while proceedings continue. A final order is made at the end of the case. Both have full legal effect and must be followed.

Do not treat an interim order as optional or temporary in the sense that you can ignore it. It applies until the court changes it.

Complying with an order means doing what it says, when it says, and not doing what it prohibits. It also means not finding indirect ways around it — for example using a third party to do something the order prevents you from doing.

How you comply matters as much as whether you do. Reluctant, last-minute or hostile compliance is noticed, and it affects children.

If your circumstances change, the order does not automatically change with them. You must apply to the court to vary it. Do not change arrangements unilaterally, even if you believe the change is justified.

Acting outside the order because “things are different now” is a breach. The proper route is always an application to the court.

A variation is a formal change to an order made by the court. It requires an application and a decision by the court, usually based on a change in circumstances and what is best for the child.

This article does not predict whether a variation will be granted. Take legal advice about the merits of any application.

If an order is breached, the court can enforce it. Enforcement can include orders to make up missed time, financial penalties, or, in serious cases, committal (imprisonment). Breaching an order is a serious matter.

If the other parent breaches the order, do not take matters into your own hands. Take legal advice and, if appropriate, apply to the court for enforcement.

Orders can be complex, and you may not understand every term. If wording is unclear, do not guess or act on your own interpretation. Take advice from a qualified solicitor, who can explain what the order requires.

Acting on a misunderstanding can still amount to a breach. Clarity is worth the effort of seeking advice.

This article is general information for England and Wales only. Orders are individually drafted, and the consequences of getting them wrong are serious. You must take advice from a qualified solicitor about your own order.