If you and your child’s other parent have separated, you may have a child arrangements order in place setting out parenting details. If this is breached, it can cause stress and complications. We take a look at the options open to you and the best way to tackle a difficult situation.
What is a Child Arrangement Order?
A child arrangements order is an order of the court setting out issues such as where a child will live, how long they will spend with each parent and how they will stay in touch with their parents when they are not together.
It can be agreed upon during mediation and approved by the court into a binding order, or in some cases, the court may be asked to decide on the details and make the order.
Are Child Arrangements Orders Legally Binding?
A child arrangements order is legally binding until the child reaches the age of 16 unless a different age is specified.
What is Considered a Breach
A breach of the child arrangements order occurs when one party fails to observe the terms of the order without a good reason for doing so. The breach will need to be substantial and deliberate, although repeated small breaches may also be enforceable. The party complaining of the breach will need to be able to prove that the order has been breached.
What Can I Do if a Child Arrangements Order is Breached?
If a child arrangements order is breached, the court can be asked to enforce this. You will usually be advised to try and discuss the situation with your child’s other parent first however to see if there is a valid reason for the breach and to try and reach an agreement.
You should keep a record of what has happened and whether you were able to talk about the situation.
Enforcing an Order
The court has a range of options available to it in dealing with the breach of a child arrangements order, including:
- Varying the terms of the order
- Ordering compensation to be paid if the breach has cost one party money
- Imposing a fine
- Ordering the person at fault to carry out unpaid work
- In serious cases, impose a prison sentence
In deciding on a course of action, the court will always take into account what is in the child’s best interests.
Applying For a Court Order
You or your solicitor can apply to the court on form C79, an application related to the enforcement of a child arrangements order.
How Will the Courts Enforce an Order?
The court will decide what action is best in all of the circumstances of the case and make an order to this effect. There will be sanctions for breaching this further order.
How Our Family Law Solicitors can help
We can advise you of your options if your child’s other parent has breached a child arrangements order. Our team have extensive experience in dealing with child and family law and we can ensure that you understand the options open to you and represent you in taking steps to enforce a child arrangements order where necessary.
Contact us today to speak with one of our expert family law solicitors. You can fill out our contact form or send us an email at info@witansolicitors.co.uk. We are happy to talk through your situation with you and discuss the options available.
FAQ
What steps should you take if your child’s other parent breaches a child arrangements order?
You should try to discuss the matter with your child’s other parent where possible. If this is not successful, then you are advised to speak to a family law solicitor. They will be able to contact your child’s other parent or their solicitor and formally set out how the order has been breached, asking them to take steps to end the breach.
If difficulties persist, your solicitor will also be able to arrange mediation if required. This can often help show the parties what options are open to them and help them to comply with the rules.
Where necessary, your solicitor can make an application to the court to enforce the original order.
Is it ever acceptable to breach a child arrangements order?
In some instances, it may be acceptable to breach a child arrangements order. For example, if someone is unwell and contact is not possible or it is advisable to miss contact while recovery takes place, it would not be considered unreasonable to breach the order.
You also have the option of making an agreement with your child’s other parent if you both wish to change the arrangements. You can then act as agreed, even if it is different to the arrangements in the order. However, if your child’s other parent decides to end this new agreement, you will need to revert to the terms of the order.
