Assumption: "If professionals or the court are frustrated that court orders "aren't being treated as optional," escalating straight to a penal notice against whoever is involved is a reasonable fix."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
Frustration that court orders aren't being complied with can lead to a belief that escalating straight to a penal notice against whoever is involved is a reasonable fix.
Court Reality
A penal notice can only be attached to an order that is actually enforceable against that person, and the court must be satisfied a party has breached a properly made mandatory order before escalating enforcement. Changing the terms of an order and adding a penal notice within the same hearing, without that step, is procedurally flawed.
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The Gap?
"If professionals or the court are frustrated that court orders "aren't being treated as optional," escalating straight to a penal notice against whoever is involved is a reasonable fix."
Court Reality
A penal notice can only be attached to an order that is actually enforceable against that person, and the court must be satisfied a party has breached a properly made mandatory order before escalating enforcement.
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