Hadkinson Orders:

Posted: 12 September 2024

Keeping Compliant with Court Orders

Hadkinson orders are a rare but powerful tool in the legal system, designed to ensure that parties comply with court orders. These orders are particularly important when a party has failed to meet obligations set by the court. For example, providing child maintenance, clearing arrears, or disclosing necessary information. In such cases, a Hadkinson order can be issued. This gives the court the power to prevent the non-compliant party from being heard in further proceedings or from bringing further applications. The only way for the party to proceed in its applications is by purging themselves of contempt.

The Landmark Case: Hadkinson v Hadkinson (1952)

In Hadkinson, the Court of Appeal faced the question of whether a party in contempt of court should be allowed to appeal a decision. The court refused to hear Mrs. Hadkinson’s appeal until she rectified her contempt of court.

How does the court consider whether an order can be made?

A Hadkinson order is not granted lightly, considering the following conditions outlined in De Gafforj:

• Whether the other party is in contempt.
• Whether the contempt is deliberate and ongoing.
• Whether the contempt impedes justice.
• Whether there is another realistic and effective remedy.
• Whether the order is proportionate to the problem and does not go further than necessary to remedy it.

What other ways can I enforce a Court Order?

There are several other orders that can be imposed on a non-compliant party, including costs orders, penal notices, and committal orders before a Hadkinson order is considered.

If you find yourself having exhausted all avenues and wish to seek legal advice. Our Family Law team are here to help assist you with your family matters. Please feel free to contact a member of our family team on 01245 493959 or send an email.