Enforcement proceedings arise where a party seeks to enforce an existing order made by the Family Court.
The most common examples are:
- Enforcement of Child Arrangements Orders
- Enforcement of Financial orders
- Enforcement of Protective Injunctions, including Non-Molestation Orders, Occupation Orders, Forced Marriage Protection Orders and FGM Protection Orders.
How are the proceedings in scope? (Back to top)
Enforcement proceedings are only in scope if the work to be done is covered under a paragraph of schedule 1 part 1 of LASPO. For example, an enforcement of a non-molestation order is in scope under schedule 1 part 1 paragraph 11 of LASPO.
Child arrangements orders and financial orders will therefore require valid domestic abuse evidence under schedule 1 of the civil legal aid (procedure) regulations. The only exception is for applications from children.
What do I do if I have an existing live certificate? (Back to top)
If you have an existing live certificate in the same matter type then an amendment should be submitted to add the enforcement proceedings. However, this is only where enforcement can be added to the certificate.
For some matter types enforcement cannot be added to an existing certificate. For example, you could not amend a Special Children Act certificate to add enforcement proceedings once the care proceedings had ended.
If there is no live certificate, then you will need to submit a new application. Delegated functions can be used where the interests of justice test is satisfied.
What proceeding do I choose? (Back to top)
Generally speaking, the correct proceeding to choose is the enforcement variant of the proceedings/order you are seeking to enforce.
For example, if you are seeking to enforce a non-molestation order you would choose the proceeding ‘Non-molestation order-Enforcement-Domestic Abuse’.
What level of service is appropriate? (Back to top)
All enforcement proceedings are at the full representation level of service.
What scope limitation should I choose? (Back to top)
The scope limit to choose will depend entirely on the circumstances of the case and how the enforcement is applied for at court.
For example, if the client is seeking to enforce via committal, then you will choose the limitation of ‘committal.’ If your client is seeking to enforce via an order for sale then they will choose ‘order for sale’.
If it is a general application for enforcement, then ‘exchange of evidence’ is the most appropriate scope limitation.
Applications for enforcement via committal (Back to top)
- Applicant – If your client is seeking to enforce via committal then you should select the relevant proceeding and use the ‘committal’ scope limit.
- Respondent – As an application for committal would have the effect of depriving the client of their liberty then applications for legal aid funding should be made under criminal legal aid. Please see regulation 9 of Criminal Legal Aid (General) Regulation 2013.
Providers with a crime contract should apply using the Apply for criminal legal aid service.
Providers without a crime contract must email the CRM14 paper application.
Providers without a crime contract, or a 2024 Standard Civil Contract in the relevant area of law, need to meet the criteria for an Individual Case Contract (ICC).
Further details on the application process can be found under Apply for legal aid for civil contempt cases.
Domestic abuse (applicants only) (Back to top)
Proceedings to select depend on which order has been breached, and you are seeking to enforce. For example:
- Non-molestation order-Enforcement-Domestic Abuse
- Occupation order-Enforcement-Domestic Abuse
Scope limitation – Committal (on both emergency and substantive).
Merits criteria regulation 67 applies:
- Prospects of success are 45% or more
- Proportionality test is met
- Exhausted all reasonable alternatives
Information we need:
Have the police been contacted and what was the outcome? Please see paragraph 10.37 of the Lord Chancellors guidance.
Order being enforced.
Details and evidence of the breach/ breaches and impact on the client.
Section 8 (Back to top)
Proceeding
Enforcement of child arrangements orders are under section 11J of the Children act. Therefore, please choose the following proceeding:
- Enforcement order 11J – S8
If it is a prohibited steps order or specific issue order, then choose the following:
- Prohibited Steps Order-Enforcement-S8
- Specific Issue Order-Enforcement-S8
Scope limitation
Emergency – Interim order including return date (applicant only)
- Committal (applicant only) if seeking committal
- Hearing (applicant and respondent)
Substantive – Exchange of evidence
- Committal (applicant only) if seeking committal
Merits criteria regulation 68 applies:
- Prospects of success are 45% or more
- Reasonable private paying individual test is met
- Exhausted all reasonable alternatives
Information we need:
Gateway evidence.
Court order being enforced.
Statement of case. Please use the statement of case to set out the full circumstances relating to the enforcement proceedings and why the merits criteria are met.
Financial proceedings (Back to top)
Proceeding
The proceeding depends on what order is being enforced. There are a large number of proceedings that can be applied for to court. You should use the enforcement variant of the order that is to be enforced or of the proceedings the order was made in.
Some examples below:
Enforcing either an interim or final order in financial proceedings on divorce – ‘Ancillary Relief-Enforcement-Fin Mat’
Enforcing an order made under section 37 matrimonial causes act – ‘S37 Matrimonial Causes Act 1973-Enforcement-Fin Mat’
Enforcing an order under section 14 TOLATA – ‘Trusts of Land-Enforcement-Fin Non-Mat’
Enforcing an order made under schedule 1 of the Children Act 1989 – ‘Order for financial provision-Enforcement-Fin Children’
Scope limitation
The relevant scope limitation for financial matters depends on the type of enforcement application being made to court.
Some examples of limitations:
Order for sale – Limited to an application for enforcement by way of an order for sale.
Committal-breach of order – Limited to an application for enforcement by way of committal for breach of an order or undertaking.
Attachment of earnings order – Limited to an application for enforcement by way of an attachment of earnings order.
App for order to obtain info – Limited to an application for enforcement by way of an order to obtain information from a judgment debtor.
App for warrant of execution – To be represented on an application and attendance at any hearing including the instruction of counsel if required for enforcement by way of a warrant of execution.
App for warrant of delivery – Limited to an application for enforcement by way of a warrant of delivery.
App for warrant of possession – Limited to an application for enforcement by way of a warrant of possession.
Merits criteria regulation 69 applies:
- Prospects 50% or more
- Reasonable private paying individual test applies
- Exhausted all reasonable alternatives
Information we need:
Domestic abuse evidence.
Court order being enforced.
Statement setting out the details of the breach, attempts to settle and how the order will be enforced.