Child Arrangement Order: Enforcement

Friday 14 August 2020

Some parents, despite their best efforts, are unable to agree the arrangements for the children upon separation and a court application becomes necessary.

The Child Arrangements Programme, which provides the court framework when there is a dispute regarding the arrangements for a child, is then navigated with matters usually concluding by way of a final Child Arrangement Order (CAO).

The CAO sets out with whom the child is going to live and how much time they will spend with the other parent (if indeed an order is not made for ‘shared care’ or, in limited circumstances, no contact).

But what should you do if the parent with whom the child lives will not make them available to spend time with you in accordance with the terms of the Child Arrangement Order?

The first thing to consider is why has the breach occurred. Has there been a reasonable excuse or is this a one-off incident? If so, whilst it is disappointing, it is important to remember that things can happen that result in contact not being able to take place.

It might be possible to communicate with the other parent and discuss making alternate arrangements to make up for the time that has been missed.

If the breach is repeated or without reasonable excuse it is often appropriate, in the first instance, to communicate with the other parent to try and establish the cause for the breach. It might be that issues have arisen since the conclusion of the proceedings which are creating tension or anxieties around contact.

You might find that there are ways to improve upon your communication or you might benefit from participating in correspondence or mediation to help resolve the issues as swiftly as possible.

If however your attempts to get things back on track are unsuccessful and the CAO continues to be breached, you might need to consider an application to court to enforce the order.

It’s important to check your final Child Arrangement Order to ensure the ‘Warning Notice’ is attached as this allows you, as the parent with the benefit of the order, to make an application for a breach. Again, you need to then consider if the breaches have been without reasonable excuse.

When dealing with an enforcement application the court will consider:

• The reason for the breach;
• The child’s welfare;
• Whether CAFCASS involvement is required; and
• If the parties would benefit from engaging in any contact activity directions.

It is useful to consider the potential outcomes available to the court as, upon an enforcement application, the court can make various orders such as a) the parties attending the Separated Parents Information Programme, b) the parties being directed to consider mediation, c) varying the terms of the original order, d) making an Enforcement Order with an unpaid work requirement or d) making an order for financial compensation.

In specific cases, and often as a last resort, the court can consider applications for a committal punishable by fine and/or imprisonment.

The court may not always deal with the enforcement application in the way you initially hoped, and it is therefore important to consider the application carefully.

If you are a parent who is no longer happy with the arrangements made at court and are considering suspending contact, it is important to seek legal advice to understand your options and whether it is appropriate to make an application for variation of the order rather than be faced with an enforcement application.

If you would like more information on any of the above, or would simply like to discuss your child contact concerns, please email or call our Family Law team today on 0113 227 9285.