fbpx

Covid-19: Our offices are now OPEN. All of our brilliant teams are fully accessible by telephone, email and Video call/Zoom and we can also offer meetings at our offices, by appointment only. Documents can be posted through our office letterboxes. All of our offices are Covid-19 secure to protect our clients and staff. Please read our Visitor Guidance. If you would like to speak to a member of our team to discuss any aspect of our services please call us on 01323 727321. Alternatively, you can contact us via the direct emails which can be found under each lawyer’s profile on the Meet the Team section of our website or please email info@hartreade.co.uk. Thank you for your continued co-operation.

What action can I take if a Child Arrangements Order is not being complied with?

Application for an Enforcement Order

If a Child Arrangements Order is not being complied with and you have been unable to resolve the matter amicably you can make an application to the Court for an Enforcement Order. It may be appropriate to undertake Mediation first however Mediation is not always appropriate.

What you must show

The Court can only make an Enforcement Order if it is satisfied beyond reasonable doubt that a person has failed to keep to the Child Arrangements Order.  The Court cannot make an Enforcement Order if it is satisfied that the person had a reasonable excuse for failing to keep to the Child Arrangements Order. The burden of proving a reasonable excuse is on the person in breach and the test is the balance of probabilities.

Factors which the Court will consider

On any application to enforce a Child Arrangements Order the Court will consider a number of matters including the reasons for any non-compliance, how the wishes and feelings of the child are to be ascertained, whether advice is required from Cafcass (Children and Family Court Advisory and Support Service) on the appropriate way forward, the welfare checklist (see below).

Welfare Checklist

When the Court determines any question with regard to a child, the child’s welfare will be the Court’s paramount consideration. The Children Act 1989 contains a checklist of factors that the Court must consider when deciding what the children’s needs are and what Order to make. Those factors are:

The checklist is not exhaustive.

Orders which the Court can make

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):

Get in touch

If you would like to get in touch for advice on family matters from any of our Family Law Solicitors, then please call 01323 841481. Or alternatively, please fill in the form below and someone will be in touch.

Please click here to fill in our contact form

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.