If you have a child arrangements order in place, you and your child’s other parent are legally bound to follow the terms that have been set out. If the terms are not being met by either party, there is an option to ask the courts to enforce the order.
We recognise that child arrangements order breaches can significantly impact many key aspects of your child’s upbringing and can be extremely complicated to navigate.
Whether you believe the other parent has committed a breach or you are being accused of a breach yourself, it is essential to seek out legal advice so that you understand your rights and the options available to you.
At Woolley & Co, our specialist solicitors can help make dealing with a child arrangements order breach as straightforward as possible, providing tailored advice that ensures a positive outcome.
Our experienced child arrangements order solicitors can help with:
- Handling a child arrangements order breach
- Enforcing a child arrangements order
- Varying a child arrangements order to avoid a breach
Talk to Woolley & Co’s child arrangements order solicitors
If you need any support on any aspect of a child arrangements order, our specialist team at Woolley & Co will be available to help.
For a free 30-minute initial chat with one of our child arrangements order solicitors, call 0800 321 3832 or complete our online form.
Alternatively, we also offer a detailed case assessment for £600+VAT, including time to discuss your case with an experienced lawyer and receive advice on the options open to you – you can find out more about this here.
How our child arrangements order solicitors can help
Handling a child arrangements order breach
We understand the difficult position you are likely to find yourself in if you believe that your child’s other parent has breached the terms of a child arrangements order.
Our specialist team will work alongside you to clearly explain your rights, confirm whether the actions of the other parent constitute a breach and advise you on the options available to you.
This could include engaging in dispute-resolution methods, such as mediation, or, if this is unsuccessful, applying to the courts to enforce the order.
It is also important to consider that a breach of a child arrangements order may indicate that the existing terms are not suitable and may be worth revisiting. Depending on the circumstances and your relationship with the other parent, it may be appropriate to open up a conversation and discuss whether it would be mutually beneficial to apply to the court to vary the terms of the order. This is something our solicitors will be able to advise you on.
Enforcing a child arrangements order breach
If it is necessary to enforce the terms of the child arrangements order, you will need to make an application to the court for an enforcement order.
When an application is made to the court to enforce a child arrangements order, the case is listed for an initial hearing when the court will, amongst other things, consider the reasons for non-compliance and whether CAFCASS (Children and Family Court Advisory and Support Service) need to be involved, whilst of course considering the welfare and best interests of the children involved.
The court will then decide whether there has been a breach of the order without reasonable excuse.
Our solicitors can carefully guide you through the process of making an application to enforce a child arrangements order, ensuring that you have detailed records of your case, including any supporting evidence that documents the breach.
If a child arrangements order is breached
Being accused of breaching a child arrangements order can be extremely distressing, especially as the consequences of a breach can be serious.
No matter what your circumstances involve and what actions you are being accused of, it is vital that you seek specialist legal advice so that you have a clear overview of your options.
Our child arrangements order solicitors will explain the options available to you, including whether it would be possible to apply to vary the terms of an order or provide a reasonable excuse for not complying with the order’s terms.
Common questions about child arrangements order breaches
How do you enforce a child arrangements order that has been breached?
If you need the court to enforce a child arrangements order , you will need to make an application to the court via a C79 form.
What happens if you breach a child arrangements order?
If someone breaks a child arrangements order there are several potential consequences, including:
- The court may make an enforcement order imposing unpaid work
- The court refers parents to a Separation Parents Information Programme or mediation
- The court issues a contact enforcement order
- The court may ask CAFCASS to monitor compliance
- The court may make a financial compensation order
- The court decides a variation of the order is appropriate
- The court reconsiders living arrangements for the child
- The court imposes a prison sentence
Is there a reasonable excuse to breach a child arrangements order?
A ‘reasonable excuse’ for breaching a child arrangements order typically includes any situations where upholding the terms of the order would either be impossible, or would be detrimental to your child’s wellbeing. Potential examples may include:
- Unforeseen issues with transport
- The child’s safety is at risk
- There is a sudden and unexpected change in circumstances
- Medical emergencies
- Domestic violence and abuse
How do Family Courts decide whether there has been a child arrangements order breach?
The court will consider various factors when assessing a child arrangements order breach and will base their decision on whether the actions of a parent do indeed go against what was required by the order and whether this was done without a reasonable excuse. At this point, the Court has a number of options it can use. The Court could, for example, refer the parents to mediation or may decide that a variation of the order is appropriate, this might include reconsidering contact or even living arrangements for the child.
The Court has the option to issue a contact enforcement order, require financial compensation to be paid or in extreme circumstances impose a prison sentence.
What approach do family courts take to child arrangements order breaches?
The Court expects parents to comply with order but is not necessarily interested in ‘punishing’ the party who is in breach of the order, as their concern will always be for the welfare of the child and making arrangements work for them. Therefore, where possible, you should try to resolve any practical difficulties and keep an open dialogue rather than resorting to the lengthy and often costly process of asking the courts to intervene.
However, if you feel there is no alternative, Woolley & Co can help you make an application to enforce or vary a child arrangements order.
Talk to Woolley & Co’s child arrangements order solicitors
Take advantage of a free 30-minute telephone appointment to talk through your situation. We will explain your options and how our solicitors can help.
At Woolley & Co, we appreciate that matters related to your children can be incredibly emotional, and that you’ll want to secure a solution that’s best for them at all costs. Our family lawyers always take a sensitive approach, tailoring our support to your preferences.
We also offer a detailed case assessment for £600+VAT, including time to discuss your case with an experienced lawyer and receive advice on the options open to you – you can find out more about this here.
For a free 30-minute initial chat with one of our child arrangement order solicitors, call Woolley & Co on 0800 321 3832 or complete our online form.
