Enforcing Child Arrangement Orders
Back to NewsAll Child Arrangement Orders, formerly Residence Orders and Contact Orders had a standard warning notice placed on them after 2008. The warning notice informs the parties of what can happen if they fail to comply with the order. If you have an order from before 2008 then you can apply to the court to have a warning notice attached.
You can apply for an Enforcement Order when the other party has breached the order by not complying with the terms of that order, whether it be a child not being returned after contact or a child not being made available for contact. Depending upon your circumstances, in the first instance, a letter should be sent to the party who has breached the order informing them that unless the order is complied with then and application will be made to the court to enforce it.
“YOU CAN APPLY FOR AN ENFORCEMENT ORDER WHEN THE OTHER PARTY HAS BREACH THE ORDER”
If the court is satisfied that the party who breached the Child Arrangement Order did not have a reasonable excuse then the penalties that the court can impose are a fine, unpaid work or imprisonment. In making its decision the court will have to consider the child’s best interests. Clearly imprisonment will have an adverse effect on the child and therefor this is a last resort for the court.
Can it be acceptable to breach a Child Arrangement Order?
Yes, in cases where there is a need to protect a child’s safety and welfare. You should seek legal advice immediately if you believe that you need to breach the Child Arrangement Order.
“CAN IT BE ACCEPTABLE TO BREACH A CHILD ARRANGMENT ORDER? YES, IN CASES WHERE THERE IS A NEED TO PROTECT A CHILD’S SAFETY AND WELFARE”
If arrangements for the time that the children spend with you cannot be reached by agreement via yourselves, mediation or through solicitors then you may find yourself at the point of applying to the court.
If you need to enforce a child arrangement order then please contact John or Andrew on 01902 429 051.
