Enforcing Child Arrangement Orders
Sometimes when parents separate, they are unable to agree amicable arrangements in relation to their children. In these cases, most parents have no option but to make an application to court for a Child Arrangements Order.
How is a Child Arrangement Order enforced?
A Child Arrangements Order sets out the arrangements for the children to spend time with each parent. This can in itself be a lengthy, expensive and stressful process. Sadly, in some cases, that is not the end of the process. If one of the parents does not comply with the terms set out in the order, they may have to apply back to court to enforce the terms of the order. You can apply to court if you are the person named in the order with whom the child shall live, or if you are the person named in the order who the child spends time with.
When an application is made, the court must be satisfied that the making of an order is necessary and proportionate to the seriousness and frequency of the person breaching it. A Child Arrangements Order being broken on one occasion only is unlikely to result in a successful application to enforce the terms of the order. The court will take into account the reason for the non-compliance, the effect of non-compliance on the children, what advice is required from CAFCASS, and whether the parties should attend a Dispute Resolution Programme.
What happens when a Child Arrangement Order is breached?
The court takes breach of an order seriously and has power to enforce it in a number of ways:
- By making a referral to a Separated Parenting Information Programme
- By a variation of the original Child Arrangements Order which could include a more defined order or a reconsideration of the children’s living or contact arrangements
- By making an Enforcement Order or a Suspended Enforcement Order
- By making an order for compensation for financial loss
- Committal to prison
- A fine
It is important to be aware that the courts do take breach of a Child Arrangements Order seriously. Therefore, if you are unable to comply with the Child Arrangements Order you should consider making an application to vary the order, rather than putting yourself in breach.
If you feel that you are in a position where you need to apply to enforce a Child Arrangements Order of you require advice on a family law matter then please contact our experienced family solicitors on 033 3344 9600 or email [email protected].
Experienced Divorce and Family Law Solicitors
Morrish Solicitors is a long-established law firm based in West Yorkshire providing a range of legal services regionally and nationally. Our experienced team of Divorce and Family Law Solicitors will listen to your individual circumstances and work efficiently to achieve the most suitable solution or outcome for your needs. We can provide support and advice on a range of matters including:
- Divorce
- Property & financial affairs
- Disputes concerning children
- Cohabitation agreement
- Adoption
- Separation
- Prenuptial agreements
- Civil partnerships
- Domestic violence
For advice on divorce and financial orders please contact our Divorce Solicitors on 033 3344 9600 or simply email [email protected] with details of your request.
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