A Court Order Generally Remains Binding
A family court order generally remains legally binding and in effect until it's formally changed, whether through agreement, a new order, or a successful appeal. Simply disagreeing with an order, or finding it inconvenient, generally doesn't excuse not following it.
General Enforcement Routes, Depending on the Order
How non-compliance is generally addressed depends on what the order covers. Support orders are generally enforced through the Family Responsibility Office. Parenting-related terms not being followed are generally addressed through the options described in our guide on what happens if a parent doesn't follow the parenting plan, or more formally through enforcing an order.
Contempt of Court: A More Serious Step
Where non-compliance with a court order is serious, deliberate, and persists despite other enforcement efforts, a party can generally bring a motion to find the other party in contempt of court, which can carry significant consequences. This is generally considered a more serious and formal step, generally reserved for clear, ongoing non-compliance rather than a first response to an isolated issue.
If You Genuinely Can't Comply
If you genuinely cannot comply with an order — for example, due to a real change in financial circumstances affecting support, or a genuine safety concern affecting a parenting term — the generally better path is to proactively seek to change the order through the appropriate process, rather than simply not complying and waiting to see what happens.
Frequently Asked Questions
Can I just ignore a court order I disagree with?
Generally, no — an order remains binding until it's formally changed, and disagreement alone generally doesn't excuse non-compliance.
What's the difference between enforcement and a contempt motion?
Enforcement generally refers to the range of tools, like FRO enforcement for support, available to address non-compliance. A contempt motion is generally a more formal, serious step reserved for clear, persistent non-compliance.
Will I be enforced the same way for missing one payment as for consistently ignoring an order?
Generally, no — the response generally tends to scale with the seriousness and pattern of non-compliance, with more formal steps like contempt motions generally reserved for serious, ongoing situations.
What should I do if I genuinely can't follow an order right now?
Generally, proactively seeking to change the order through the appropriate process is a better path than simply not complying, since the order remains in effect and enforceable until it's formally changed.
Does every type of order get enforced the same way?
No, generally not — support orders are generally enforced through the Family Responsibility Office, while parenting and other terms are generally addressed through different general routes, as discussed in our more specific guides.