Breach of a Child Arrangements Order

A Child Arrangements Order is an order made by the court which states where a child will live and what time is spent with the other parent.

If this order is not being adhered to, a parent has the right to apply to the court to enforce the order if it has not been possible to correct the situation with the help of a solicitor or mediator beforehand.

The courts will list the matter for a first hearing where they will consider the facts and the reasons for non-compliance, the child’s safety, and welfare and whether any external evidence or help is needed.

Next the court will decide whether there has been a breach and whether this was without reasonable excuse. From here they then have several options, they may refer the parents back to mediation, or they can vary the order so that it mirrors the current arrangement if they deem it more suitable.

The courts could also issue a Contact Enforcement Order, impose a fine or in extreme circumstances they can even impose a prison sentence.

However, the courts are often not interested in ‘punishing’ the parent who is breach of the order, as their main concern is the safety and wellbeing of the child. Therefore, it is more practical to keep an open dialogue with the other parent and attempt to resolve issues between yourselves with the help of legal advice. This will help avoid the lengthy and expensive process of asking the courts to intervene.

Here at Wrigley Claydon, we understand the need to obtain an arrangement that is suitable for all parties and that puts your child’s wellbeing first.

Do not hesitate to contact one of our friendly and high experienced solicitors on 0161 624 6811 or email za@wrigleyclaydon.com.