How can i enforce a court order

Both guides include:. You can use these guides to enforce orders or agreements about child or spousal support but you might want to enroll in the Family Maintenance Enforcement Program FMEP instead.

This free provincial government program tracks support arrangements and helps people to collect their payments. See our step-by step guide Start a family law case to get a new order in Supreme Court. These guides are only for orders and agreements in BC. See When more than one province or country is involved. You can only apply to enforce a filed agreement.

If your agreement hasn't been filed, see:. If a court decides you are entitled to compensation but does not specify how much compensation you have to be paid, this is unenforceable and you will need to get the court to assess how much compensation you are entitled to at a separate hearing before you can demand enforcement. If this is not the case, you may need further clarification from the court. Try to ensure that these are specified in the original court order. Request this from the court.

An important question is whether the party who has to pay actually has the money required or can raise it. If not, you will not be able to enforce the order unless they borrow it from elsewhere or you can persuade or lawfully make someone else pay for them. You should try to assess the financial position of a defendant before you take legal action if your main objective is to get compensation.

Some legal systems have specific mechanisms to enforce payment. Courts in some countries can make special supplementary orders to ensure that a defendant pays compensation within the agreed time.

In most cases, these orders have to be applied for by the party that wants the order enforced. Law enforcement or bailiffs are usually responsible for this process. Debt orders mean that anyone who owes the defendant money has to pay you instead of the defendant. Start proceedings to declare the paying party bankrupt, or put a company in liquidation or receivership so that its assets will be managed by someone else. You could then get paid out of these assets.

For companies who operate and have assets in different countries, enforcing a judgement may require creative thinking, involving actions in different courts. If it is difficult to enforce a payment order against a particular party, it may also be possible to enforce an order against associated companies, shareholders, directors, or insurers of the party concerned.

It may be easier to enforce your order against other parties but this is a complex process. Seek legal advice in your country. Sometimes an order may declare that certain conduct is lawful or unlawful, or that certain people have specific rights or obligations, but does not order specific actions to be taken:. These declarations do not clearly call for a certain action stop or for compensation to be provided for past unlawful conduct.

Turning a declaratory judgment into a court order of practical use may require further action by you or others. This could involve action at a political level to create pressure for the judgement to be acted upon i. In other cases, the winning side may have to request that the court clarifies a declaratory judgment and makes a supplementary order if they feel that the other side is not complying with the judgment and disagrees with what it means.

Although the court order may not clearly prohibit certain actions, it may have this effect in practice i. If you think a declaratory judgement contains such an order within it, and the party is not following it, it could be worth bringing this to their attention, or even going back to court to show this is the case. We seek partnerships with organizations and communities worldwide who support our goals. Join our network, or volunteer. Legal Areas Practical guides on how to bring legal action to challenge different problems.

Practical advice and tips. Information about your rights. Going to court A step by step guide to bringing legal action for community leaders and activists. Will professional legal action be needed? A step-by-step guide. Go Back. Contents of this page 1. What Am I Enforcing? General Tips on Enforcing a Court Order 3. Tips on Securing Compensation 4. Once you have got a court order you may need to take steps to ensure it is carried out.

These are often orders to do with case management e. Removing or resetting your browser cookies will reset these preferences. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Click here for a full list of Google Analytics cookies used on this site.

Third-Party cookies are set by our partners and help us to improve your experience of the website. Click here for a full list of third-party plugins used on this site. For more details see our Privacy Policy. News and Events. How do I enforce my Child Arrangements Order? Author Jemma Bryans. Then you must meet the following criteria:- 1. Non-compliance with the Child Arrangement Order Secondly, the individual named in the order has to have broken or not adhered to the Child Arrangements Order without a reasonable excuse.

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