Enforcement of Child Arrangements Orders

We often come across cases where one party or even both are not complying with the child arrangements order.  There may of course be good reason a party is not complying and indeed also no reason at all.

The remedy for this is to apply for an enforcement of the child arrangements order.

On any application to enforce a child arrangements order the court will:

• Consider whether the facts relevant to the alleged non-compliance are agreed or whether it is necessary to conduct a hearing to establish them;
• Consider the reasons for any non-compliance;
• Consider how the wishes and feelings of the child are to be ascertained;
• Consider whether advice is required from CAFCASS on the appropriate way forward;
• Assess and manage any risks of making further or other Order;
• Consider whether a Separated Parents Information Programme (SPIP) or referral for dispute resolution is appropriate
• Consider whether an enforcement order may be appropriate; and
• Consider the welfare checklist.

An application for enforcement of a Child Arrangements Order should be listed for hearing within 20 working days of issue. Enforcement cases must be concluded without delay.

If the court considers it is necessary, they will direct that further safeguarding checks are required from CAFCASS. If the application for enforcement is made more than three months after the order to be enforced, safeguarding checks will be ordered.

Where the court considers that there has been a breach of a Child Arrangements Order without reasonable excuse, the powers available to it include (but are not limited to):

• Referral of the parents to an SPIP or mediation;
• Variation of the Order (which could include a more defined order and/or reconsidering the contact provision or the living arrangements of the child)
• A contact enforcement order or suspended enforcement order.
• An order for compensation for financial loss;
• Committal to prison; or
• A fine.

Where the court is considering making an enforcement order for alleged non-compliance with an order or considering a compensation order in respect of financial loss, in the absence of an agreement between the parties about the relevant facts it will determine the facts in order to establish the cause of the alleged failure to comply.

Get in Touch

If you would like advice on child arrangement orders or any other family related issues, please contact us to arrange a telephone/video appointment. You can call us on 01323 727321 to arrange an appointment or please fill in the form below and someone will get in touch.

Please note the above is for information purposes only and is intended to be a short summary.  It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.

Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.