Enforcing a Child Arrangements Order: What You Need to Know

A Child Arrangements Order (CAO) is a legally binding document issued by the Family Court that sets out where a child should live, who they should spend time with, and other important aspects of their upbringing. However, issues can arise when one party fails to comply with the terms of the order. In this blog, we explore the steps you can take to enforce a Child Arrangements Order in the UK and the potential legal consequences of non-compliance.

Understanding a Child Arrangements Order

A CAO is intended to ensure stability and consistency in a child's life. It is enforceable by law, meaning that failing to adhere to its terms can have legal consequences. If a parent or guardian is not following the order, the affected party can seek enforcement through the courts.

Common Reasons for Breaches of a Child Arrangements Order

Breaches of a CAO can happen for various reasons, including:

• Parental conflict – Disagreements between parents can lead to deliberate non-compliance.

• Logistical difficulties – Issues such as transportation or work schedules may make it challenging to adhere to the order.

• Concerns over the child's welfare – A parent may feel the child is unsafe with the other party and refuse to comply.

• Parental alienation – One parent may attempt to damage the child's relationship with the other parent by preventing contact.

Steps to Enforce a Child Arrangements Order

1. Attempt Mediation First

Before taking legal action, it is generally a requirement to attempt mediation. Family mediation services can help both parties reach an agreement without resorting to court proceedings, potentially saving time and reducing conflict. However, there are exceptions where mediation may not be required:

• Urgency – If the situation requires immediate court intervention.

• Domestic Abuse – If there is evidence of domestic violence or safeguarding concerns.

• Non-Cooperation – If the other party refuses to engage in mediation.

2. Keep a Record of Breaches

If the other party repeatedly breaches the order, keep a detailed record of incidents, including dates, times, and the nature of the breach. This documentation can be useful in court proceedings.

3. Apply to the Court for Enforcement

If mediation is unsuccessful or inappropriate, you can apply to the Family Court to enforce the order by filing an application for enforcement of a Child Arrangements Order. The court will review the evidence and consider whether the order has been breached without a reasonable excuse.

4. What Happens in Court?

Once you have submitted an enforcement application, the court will:

• Consider the evidence provided, including witness statements and records of breaches.

• Potentially involve CAFCASS (Children and Family Court Advisory and Support Service) to assess the child’s welfare.

• Hear arguments from both parties before making a ruling.

5. Possible Court Outcomes

If the court finds that the order has been breached, it may:

• Vary the existing order to better reflect the child's best interests.

• Issue an enforcement order requiring the non-compliant party to undertake unpaid work (community service).

• Impose a fine or, in extreme cases, a short-term prison sentence.

• Order the non-compliant party to pay financial compensation if their actions have caused monetary loss.

• Order parenting courses or counselling to help resolve ongoing disputes.

Defences Against Enforcement

The court will consider whether the breach occurred for a valid reason. If the parent has a reasonable excuse (e.g., concerns about the child's welfare), the court may decide not to enforce penalties.

Alternative Remedies

In some cases, it may be more appropriate to seek a variation of the existing Child Arrangements Order rather than enforcement. If circumstances have changed significantly, applying for a modification to better suit the child's needs may be a better solution.

Parental Responsibilities and Compliance

Both parents have a legal and moral responsibility to comply with a Child Arrangements Order. Repeated breaches can harm the child's emotional well-being and may result in serious legal consequences for the non-compliant party. It is always advisable to communicate openly and seek legal advice when difficulties arise.

Seeking Legal Advice

If you are struggling with enforcing a Child Arrangements Order, seeking professional legal advice is highly recommended. A family law solicitor can guide you through the process and help you achieve the best outcome for your child.

At Evalen Law Solicitors, we have extensive experience in family law and can assist you with all aspects of Child Arrangements Orders, from drafting agreements to enforcement proceedings. Contact us today to discuss your case.