What to Do When Family Court Orders Are Ignored or Breached by Your Ex, Their Solicitor, or the Local Authority
- William Slivinsky
- 4 days ago
- 9 min read
A recurring—and deeply frustrating—problem in family proceedings is the late filing of witness statements, evidence, and documents, often by solicitors who should know better.Some firms serve papers on the eve of a hearing or add extra material to the bundle without the court’s permission, in clear breach of orders that usually say:
“No further evidence or documents are to be filed or served by any party without the permission of the court.”
I understand how frustrating this is. You’ve followed the timetable, filed your documents, and done everything the court asked — yet the other side, or sometimes even a local authority, serves new witness statements or evidence at the last minute.Worse still, they add extra documents to the bundle without the court’s permission, breaching the very order meant to keep the process fair and efficient.
You're not alone in this. Late filings and ignored orders are among the most common complaints in family proceedings. They slow down cases, waste hearing time, and leave people feeling the system isn’t being enforced. In this article, you will get clear instructions on how to act on your own step by step or hire a professional paralegal to do the job for you.
If you have time, read the full judgment of Re W (Children) [2014] EWFC 22, delivered by Sir James Munby, President of the Family Division. It’s a clear warning that delays and missed directions will no longer be tolerated in the family courts.The President made it plain that every party — including local authorities, lawyers and parents — is accountable to the court for delay, and that orders must be obeyed to the letter and on time.
1. Name the Breach Clearly
Start by identifying exactly which paragraph in the Case Management Order (CMO) has been breached and what the deadline was. Explain, in one or two lines, how that failure has affected the case — for example:
You could not prepare your response in time.
The court bundle is now incomplete.
The child’s timetable has been disrupted.
Keep it short and factual.Create a simple log: Order date → Deadline → Breach → Reminder sent → Any reply.
Below is the list of typical breaches you will use when drafting emails.
2. Send a Short, Firm Chaser (Copy All Parties)
Stay calm but direct.You are reminding everyone that case management orders are mandatory — as Sir James Munby P said in Re W (Children) [2014] EWFC 22 — “non-compliance will no longer be tolerated.”Parties are accountable to the court for delay, and must either comply on time or apply formally for an extension.Private timetable agreements are not permitted. Don't worry below you will find ready template to use.
Model Letter / Email (based on Re W [2014])[ short templete for non-members]
Subject: Non-compliance with Case Management Order (para [x], order dated [date])
Dear [Name(s)],
The Case Management Order made on [date] at paragraph [x] required [task] to be completed by [deadline]. As at today, this has not been done.
In Re W (Children) [2014] EWFC 22, Sir James Munby, President of the Family Division, made it absolutely clear that:
“Orders, including case-management orders, must be obeyed and complied with to the letter and on time. They are not preferences, requests or mere indications. Non-compliance will no longer be tolerated.”
Please comply immediately by [time/date] or apply formally to the court for an extension of time.If I do not receive confirmation of compliance or a formal application by that date, I will refer this matter to the court and ask that:
The breach is recorded;
The order is enforced and, if necessary, an unless order is made; and
Costs are reserved or awarded, given the avoidable delay.
Yours faithfully,
[Your Name]
[Your Contact Details]
3. Write to the Court if the Breach Continues
If the situation isn’t fixed quickly, write to the court (and copy all parties).Attach the relevant CMO and your chaser email, and ask for:
Enforcement or directions to restore the timetable;
A short directions hearing (preferably remote);
An “unless” order: unless the task is completed by [date], the party may not rely on that evidence;
Costs reserved, and for the breach to be recorded on the face of the next order.
Be polite but firm.You are not rearguing the case — you’re showing the court a clear timeline of non-compliance and asking for management action.
4. “No New Documents Without Permission” Means Exactly That
Many CMOs include wording like:
“No further evidence or documents are to be filed or served by any party without the permission of the court.”
If the other side files extra material or statements late, you can object in writing and ask the court to exclude it, or only allow it on fair conditions — for example, giving you time to reply and reserving costs.
5. When a Regulated Solicitor Keeps Breaching
Sometimes repeated breaches come from firms that should know better. You have options.
Service complaint (Legal Ombudsman)Start with the firm’s internal complaints procedure. If unresolved within eight weeks or after their final response, escalate to the Legal Ombudsman for service failings such as missed deadlines or poor communication.
Conduct report (SRA)If the behaviour suggests serious misconduct or disregard of orders, you can report it to the Solicitors Regulation Authority (SRA).Keep your report factual and short — list the orders, dates, and missed steps.
Subject Access Request (SAR)A SAR can expose internal logs and correspondence about your case (emails, diary notes, chaser logs).It won’t include privileged advice, but it often confirms when delays occurred.
“Please provide copies of all personal data relating to me, including emails, logs, and communications with experts, for the period [dates].”They must reply within one month (extensions only in limited cases).
These actions won’t win your case on their own — but they create accountability, weaken the other side’s credibility, and support future costs arguments based on conduct.
6. Costs: Why Your Paper Trail Matters
The general rule in family proceedings is “no order as to costs.”But the court can and does depart from that rule where one party’s conduct causes unnecessary delay of hearings.
A clear paper trail —order → polite chaser → proportionate application —shows the judge that you have acted properly while the other party has not.That’s how you build the foundation for a costs order or a strong costs warning in future directions.
7. A Practical Checklist
Keep copies of every order and email in date order.
Chase early and politely, in writing.
Never miss your own deadlines.
If late evidence is allowed, ask for extra time to reply and for costs reserved.
Keep everything factual and neutral.
You will need a proper bundle of evidance, see the table below:
The Authority: Re W (Children) [2014] EWFC 22
In this landmark judgment, Sir James Munby, President of the Family Division, addressed a “culture of non-compliance” and made clear that:
“Delays are inimical to the welfare of the child. The message must go out loud and clear: non-compliance will no longer be tolerated.”
Every party, professional or not, is accountable to the court for delay.That principle still stands today.
More Than a Decade Later . . .
It has been more than a decade since Sir James Munby handed down that judgment, yet the same issue continues in many courts.Why? Because too many litigants in person still don’t use this authority when they should — and because the courts are simply too overloaded to challenge every instance of delay.
You don’t have to let that happen in your case.If the other side ignores orders or tries to change the timetable, use this authority to protect your position and keep your case on track.
If you need help preparing the paperwork, objections, or applications to enforce family court orders, contact me.I’ll help you draft everything clearly, professionally, and ready for the judge to act on.
Premium Content — How to Act on a Breach of Family Court Orders
(available to registered users)
What you’ll find in this members-only guide:
Step-by-step instructions for handling breaches properly.
Template email to the court requesting enforcement or directions.
Template email to all parties referencing Re W (Children) [2014] EWFC 22 and demanding compliance.
Practical notes on attaching evidence, quoting the right paragraphs, and formatting for the court file.
👉 Access the full templates and instructionsIf you need ready-to-send wording and clear procedural steps, subscribe or contact me directly for access.I’ll ensure you have a professional, court-ready pack so the judge can see exactly what went wrong — and how to put it right.
Premium Content: Templates and Instructions — Acting on a Breach of Family Court Orders
(available to registered users)
How to Use These Templates
This section provides ready-to-use guidance and professional templates to help you deal effectively with non-compliance with family court orders.It is designed for litigants in person who need to act promptly but confidently when the other side — or their solicitor — misses deadlines, files late evidence, or ignores directions.
All examples are based on the principles set out by Sir James Munby, President of the Family Division, in Re W (Children) [2014] EWFC 22 — namely, that:
“Orders, including case management orders, must be obeyed and complied with to the letter and on time. Non-compliance will no longer be tolerated.”
You can adapt these templates to fit your own order.Replace the bracketed sections with your case details and use your own tone — calm, factual, and focused.
Step-by-Step: When the Other Side Breaches a Family Court Order
The paragraph number.
The specific task or deadline.
The date it expired.
How this affects you or the case.
Step 2 – Send a professional chaser to all parties.Ask for immediate compliance or a formal variation to be sought from the court.
Step 3 – Allow a short, clear deadline.Usually 24–48 hours for simple steps, or 3 working days for longer tasks.
Step 4 – If still no response, write to the court.Attach the order and your chaser email. Explain what happened and what you’re asking the judge to do (see Template 1 below).
Step 5 – Keep a copy of everything.Every message, timestamp, and attachment. This will support your request for costs or an unless order later.
Template 1 — Email to the Court (with case number first in Subject)
Subject: [CASE NUMBER] – Breach of Case Management Order (para [x], order dated [date]) — request for directions/enforcement [ make sure you using black fond only]
Dear Court Officer / Judge [if known],
I write to report non-compliance with the Case Management Order dated [date], paragraph [x], which required [task] by [deadline]. Despite reminders, this has not been done.
The following breach is reported for the court’s attention:
See the table of the breaches below:
[Paste one or more breach identifiers here — e.g. “The Respondent’s witness statement was served on [date], after the deadline of [date], in breach of paragraph [x] of the CMO.”]
[Delete if not applicable
In addition, the other party has filed/served late material on [date] in breach of the order’s standard clause:
“No further evidence or documents are to be filed or served by any party without the permission of the court.”]
As confirmed by Sir James Munby, President of the Family Division, in Re W (Children) [2014] EWFC 22, orders must be obeyed to the letter and on time; non-compliance will no longer be tolerated, and parties are accountable to the court for delay.
I respectfully ask that the court:
Record the breach;
Enforce compliance / give fresh directions to restore the timetable;
Consider an unless order (e.g., unless [task] is completed by [date], the party may not rely on [late evidence]); and
Reserve or award costs arising from the avoidable delay.
Attached:
Case Management Order dated [date] (highlighting para [x] and the standard clause).
My chaser email(s) dated [date(s)].
The late document(s) served on [date].
Yours faithfully,[Your full name][Address / Email / Phone][Case number / Court location]
Template 2 — Email to All Parties (include case number in Subject)
Subject: [CASE NUMBER] – Non-compliance with Case Management Order (para [x], order dated [date]) [ make sure you using black fond only]
Dear [Name(s)],
The Case Management Order dated [date], paragraph [x], required [task] by [deadline]. This has not been done.
See the table of the breaches below:
The following breach has been reported for the court’s attention:
[Paste one or more breach identifiers here — e.g. “The Respondent’s witness statement was served on [date], after the deadline of [date], in breach of paragraph [x] of the CMO.”]
[Delete if not applicable
In addition, on [date] you filed/served material contrary to the standard clause:
“No further evidence or documents are to be filed or served by any party without the permission of the court.”]
Per Re W (Children) [2014] EWFC 22 (Sir James Munby P), orders must be obeyed; non-compliance is not an option; parties are accountable to the court for delay. Please comply immediately by [time/date] or apply formally to the court for any extension. Private variations to the timetable are not permitted.
Absent compliance or confirmation of an application by the above time, I will refer this to the court and seek: (i) a recorded breach, (ii) enforcement / unless order, and (iii) costs reserved (or such costs as the court considers appropriate).
Yours faithfully,
[Your name]
[Your contact details]
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