When a child arrangement order is in place, both parents are legally bound to follow its terms. So, when one parent breaches this agreement, what can be done?ย
Understanding your options when facing a breach of a child arrangement order is important for protecting your child’s welfare and your parental rights, and knowing how to respond appropriately can make all the difference to your case’s outcome.
Understanding Child Arrangement Order Breaches
A breach of a child arrangement order occurs when a parent or parental figure named in a court order violates the terms that have been legally established.
A breach can take numerous forms, including:
Blocking Communication with the Other Parent
Preventing the child from having telephone contact, video calls, or other forms of communication during periods when they’re with the other parent.
Refusing Scheduled Visits
When a parent prevents the child from visiting the other parent without a valid reason or court permission. This includes last-minute cancellations without legitimate cause or repeatedly finding excuses to avoid contact.
Taking a Child Without Permission
Removing a child from their usual residence or taking them on trips without the other parent’s consent or court approval.ย
Failure to Return the Child on Time
Consistently returning children late from contact visits or, in more serious cases, failing to return them at all.
Unauthorised Relocation of the Child
Moving a child’s primary residence without proper consent or court permission. This is often referred to as child abduction and represents one of the most serious forms of breach.
How to Report a Breach of Child Arrangement Order
If you believe a child arrangement order breach has occurred, knowing how to report it properly is essential for protecting the welfare of your children and yourself.
Documenting the Breach
Keep detailed records of every incident, including:
- Dates and times of missed contact.
- Screenshots of cancelled communications.
- Witness statements from family members or friends.
- Any correspondence with the other parent about the breach.
Immediate Steps to Take
Contact the other parent first: Attempt to resolve the issue directly through communication. Document all attempts at resolution.
Seek mediation: Before applying to court, consider whether mediation might help resolve the dispute more amicably and cost-effectively.
Gather evidence: Compile comprehensive documentation of the breach and its impact on both you and your child.
When to Apply to Court
If direct communication and mediation fail to resolve the breach, or the breach is severe, you can apply to the Family Court for enforcement action. The court will examine the evidence and determine whether a breach has occurred and what action should be taken.
Mediation or Enforcement Orders: Which Route Should I Take?
The family court system encourages parents to resolve disputes through mediation before seeking enforcement orders. This approach recognises that maintaining positive co-parenting relationships ultimately benefits children.
Benefits of Mediation
Cost-effective resolution: Mediation typically costs significantly less than court proceedings and can often resolve disputes within a few sessions.
Improved communication: The mediation process can help establish better communication patterns between parents, reducing the likelihood of future breaches.
Faster outcomes: Mediation sessions can usually be arranged much more quickly than court hearings, providing a faster resolution for urgent issues.
Child-focused solutions: Mediators specialise in finding solutions that prioritise children’s welfare while addressing both parents’ concerns.
When Enforcement Orders Are Necessary
If mediation fails or the breach is particularly serious, applying for an enforcement order may be the most appropriate course of action.
Enforcement orders are formal court applications that ask the judge to take action against the parent who has breached the child arrangement order.
Circumstances requiring immediate court action:
- Repeated breaches despite mediation attempts
- Serious breaches involving child safety concerns
- Unauthorised relocation or abduction risks
- Complete breakdown in communication or cooperation
The Consequences of Child Arrangement Order Breaches
When the court finds that a breach of a child arrangement order has occurred, judges have several enforcement options available, including:
a) Referral of the parents to the course โPlanning together for childrenโ, or mediation.
b) The creation of a variation of the original child arrangement order,
c) A contact enforcement order or suspended enforcement order under section 11J of the Children Act 1989 (‘Enforcement order’ for unpaid work).
d) An order for compensation for financial loss (under section 11O Children Act 1989).
e) Prison sentence; or
f) A fine
How Tann Law Solicitors Can Help
Our experienced family law team provides comprehensive support for parents facing these challenging situations. We have extensive experience in both the creation of child arrangement orders and pursuing enforcement action when breaches occur.
Our approach combines legal knowledge with empathy as we work to understand your specific situation and how we can best serve you. Using this understanding, we develop tailored strategies based on your specific circumstances.
Whether you need urgent action to address a serious breach or ongoing support to improve co-parenting arrangements, we provide clear, practical advice.
Taking Action: Your Next Steps
Taking prompt and appropriate action is essential for protecting your child’s interests and your parental rights.
Immediate priorities:
- Document all incidents thoroughly.
- Attempt direct communication with the other parent.
- Consider whether mediation might resolve the issues.
- Seek legal advice if the breach is serious or ongoing.
Long-term considerations:
- Whether the current arrangements remain suitable.
- How communication can be improved.
- Whether additional safeguards are needed.
- The impact on your child’s wellbeing.
Conclusion
If you’re facing a child arrangement order breach, whether as the applicant seeking enforcement or the respondent accused of non-compliance, professional legal advice is crucial.
Don’t let a breach of a child arrangement order escalate into a more serious dispute. Early intervention and professional guidance can often resolve issues before they severely impact your family relationships.
Contact our experienced family law team to discuss your situation and explore your options. We’re here to help you protect your child’s welfare while enforcing your parental rights through the most appropriate legal channels.
This article provides general guidance on child arrangement order breaches. Family law isnโt straightforward, and every situation is unique. For advice specific to your circumstances, please consult with qualified family law solicitors.