A guide to enforcing a Child Arrangements Order
30 Oct 2024
Danielle Cobb, Family Lawyer at Sinclair Law Solicitors gives some insight into enforcing a Child Arrangements Order.
“When parents in England and Wales cannot agree on the care and living arrangements for their children after separation, the court can issue a Child Arrangements Order. This legal document outlines where the child will live and how much time they will spend with each parent.
However, what happens if one parent fails to comply with the order? I’ve outlined a brief overview of the process to enforce a Child Arrangements Order in England and Wales.”
1. Document the Breach
If a parent breaches the order by failing to follow the agreed arrangements, it’s important to keep detailed records. You should make a note of missed contact dates, communication attempts, and any justifications given for the breach. These will be crucial if the issue reaches court.
2. Attempt to Resolve the Issue Amicably
Before taking legal action, try to resolve the issue through communication or mediation. The court prefers amicable solutions that keep the child’s welfare at the forefront. If possible, consider using mediation services to avoid escalating tensions.
3. Apply to Enforce the Order
If informal resolution is unsuccessful, you can apply to the court for enforcement by completing a C79 form. The court will review the situation and determine whether a breach has occurred without reasonable excuse.
4. Court Hearings
At the hearing, the court will consider both parents’ arguments and may ask for reports from Cafcass (Children and Family Court Advisory and Support Service) to assess the impact on the child. The court will only enforce the order if it finds a breach was deliberate and without good reason.
5. Court Sanctions
If a breach is confirmed, the court has several enforcement options, including:
Fines or unpaid work: The non-compliant parent may be ordered to pay a fine or undertake unpaid work.
Compensatory time: The court may order additional time for the other parent to make up for lost contact.
Suspended or varied order: In some cases, the court may alter the original order to ensure it works better for the child’s needs.
Imprisonment: As a last resort, imprisonment can be considered for serious breaches.
6. Focus on the Child’s Best Interests
Throughout the process, the court’s main priority is the child’s welfare. Any enforcement action taken will be in line with what’s best for the child’s physical, emotional, and psychological well-being.
Danielle advises, “Therefore, while enforcing a Child Arrangements Order is possible, it should be seen as a last resort. Resolving disputes amicably is always in the child’s best interest, but where this is not possible, the courts have clear mechanisms to ensure compliance.”
Contact us about enforcing a Child Arrangements Order
If you’re considering enforcing a Child Arrangements Order, contact Sinclair Law today. We offer a free 30-minute case review to help you understand your options. Our experienced team is here to guide you through every step, ensuring you’re fully prepared.