What can I do if my child arrangement order was breached?

When a child arrangement order (CAO) is made by the court, it is legally binding. If someone breaches the terms of the order, it can lead to serious consequences, both legally and emotionally. Understanding what to do in such a situation is crucial to ensure the child’s welfare is prioritized.

What is a Child Arrangement Order?

A child arrangement order is a legal decision made by the court that outlines where a child will live, the contact they will have with each parent, and any other individuals, such as grandparents. These arrangements are made with the child's best interests at the core, considering the unique circumstances of each family.

The legal authority for child arrangement orders comes under Section 8 of the Children Act 1989. The court assesses the child’s needs and circumstances before determining the specifics of the order, which will vary for each family.

How Are Changes Made in a Child Arrangement Order?

Family dynamics change over time, especially as children grow and develop new needs. A child may need different living arrangements, changes to their visiting schedule, or other adjustments as they go through various stages of life.

The court understands that these changes are sometimes necessary. If you wish to alter a child arrangement order, you will need to show that your proposed changes are in the child’s best interests.

To support your request, you may need to present evidence. This could include things like new relationships, activities, or even changes in the child’s emotional or physical needs. For example, if the child has formed a strong bond with a step-parent or new sibling, or if they have specific educational needs, the existing order may need to be updated to reflect these factors.

Once an application for change is made, the court will assess the situation in light of the child’s welfare, considering the circumstances of the family. If the court agrees that the proposed changes are in the child’s best interests, a new order will be issued to reflect the updated arrangements.

What Happens When a Child Arrangement Order Is Breached?

While the court makes the child arrangement order to ensure a child’s best interests are protected, it does not actively monitor compliance. It’s up to the involved parties to follow the court’s instructions. If one party fails to comply with the order, the other party can apply for enforcement.

A breach of the order can occur in various ways, such as not allowing the child to spend time with the other parent, failing to adhere to agreed-upon visitations, or changing the living arrangements without prior court approval.

If the court is informed of a breach, it can take legal action. However, the court will only become aware of the breach if a formal application for enforcement is made by the party who feels their rights have been violated.

If you believe the order has been breached, you must apply for an enforcement order. The court will investigate whether the terms of the order have been violated and will consider whether there was a reasonable excuse for non-compliance. If no valid reason is provided, the court can take a range of actions to enforce the order.

What Can the Court Do to Enforce a Child Arrangement Order?

Section 11K of the Children Act 1989 provides the legal framework for enforcing child arrangement orders. If the court is satisfied that there has been a breach, it can impose a number of sanctions, including:

• Issuing a formal warning.

• Imposing a fine.

• Requiring the party in breach to perform community service.

• In severe cases, sentencing the individual to prison.

These measures depend on the nature and severity of the breach, as well as the circumstances surrounding it. The court aims to ensure that the child’s best interests are maintained and that the parent who has been wronged is fairly supported.

Is Applying for Enforcement the Right Step?

It’s important to remember that applying for an enforcement order should not be a first step. It’s a serious action and should only be taken when all other attempts to resolve the issue have been unsuccessful. Mediation and open communication should be explored first, as these options often lead to better long-term solutions for everyone involved.

Enforcement should be considered a last resort, after you have exhausted other options to ensure compliance with the child arrangement order.

Speak to a Family Law Solicitor

If you are dealing with a breach of a child arrangement order, or if you are considering applying for a change to the existing order, it’s important to get expert legal advice. A family law solicitor can guide you through the process, helping you understand your rights and options, and ensuring the best outcome for your child.

Get in touch with our experienced family law team at 0161 503 0553. We will discuss your case in detail, provide the advice you need, and work tirelessly to protect the welfare and interests of your family.