A consistent breach of a Child Arrangements Order can be very upsetting and frustrating for the other parent and cause a lot of uncertainty for the child concerned. When one parent refuses to adhere to the terms of the Order, then the other parent may apply to the Court for enforcement of the existing Order.
Initial Steps
In first instance you should always speak with the other parent directly to carefully address all the issues. This may help break the ice between you and conclude matters without the need of engaging solicitors or the Court. If this approach fails, the next step would be to obtain legal advice and weigh up alternative options.
Your solicitor might propose to write to the other parent to gently remind them of their obligation to comply with the Order and the legal implications if they continue to breach it. All of the above would already be set out under the banner of a “Warning Notice” which is attached to every Child Arrangements Order. The Court tries to promote compliance in this way and lets the parties know of the consequences for failing to do so. If legal correspondence does not achieve the desired effect, then you may need to consider applying to the Court for enforcement.
Enforcement
The Court will determine the nature of the breach and look at the reasons behind the other party’s non-compliance and whether there is a justification behind their conduct. The Court will assess the effect of the breach on the child’s welfare and whether it would be in the child’s best interests for the order to be enforced.
When a Child Arrangements Order is already in place almost anything can amount to a breach including a lateness to the handover or a cancellation of contact due to an illness, a prior work commitment. Whilst a one off incident of this nature is unlikely to be enough for the Court to sanction the other party, a series of minor breaches may have a serious impact on the welfare of the child and should therefore be looked at more closely. It is advisable to keep a record of all the instances to ensure that the Court has a full picture of the impact of the frequency of the said breaches on the child and the other parent.
Enforcement and Sanctions
In deciding whether to enforce the Order, the Court must satisfy itself beyond reasonable doubt that such action is necessary and proportionate to the seriousness and frequency of the party committing the breach. The Court has a range of sanctions available to it. Whilst some parties may be referred to a separated parents information program or mediation to resolve their disputes, others could be ordered to pay a fine, undertake unpaid work or be committed to prison.
If you are considering applying to the Court for enforcement of the existing Child Arrangements Order, we would highly recommend that you seek specialist assistance.
