When a family court makes a child arrangements order, it is legally binding and both parents are expected to adhere to the terms.
Sadly however, it is sometimes the case that one party fails to adhere to the order which can be extremely stressful for everyone involved, especially the child.
If such a situation does arise it’s important to seek legal advice swiftly to minimise any disruption and to get back on track as soon as possible.
With the right professional advice and assistance, it is possible to handle these issues sensitively, with minimal disruption to the child and with their best interests as the main focus.
Understand the Existing Order
Where an issue arises, the first step is to thoroughly review the existing child arrangements order and to make sure you fully understand the specific details and obligations outlined. If you didn’t seek legal advice at the time the order was made or you aren’t sure about anything, get in touch with a solicitor who can advise you on the specific terms.
Understanding the terms of the order can help you determine whether the order has been breached. Pay close attention to details such as:
- Specific living arrangements and arrangements for contact, including days and times
- Specific arrangements for holidays, school breaks, or other special occasions
- Any requirements for communication or co-operation between parents
Document the Breach
Documenting each instance where your ex-partner fails to comply with the order is recommended. This may include:
- Missed or cancelled contact where there is no good reason for this
- Late drop-offs or pick-ups
- Refusal to allow scheduled contact
- A failure to engage positively or behaving in a disruptive manner in making important decisions about the child’s upbringing
Maintain a detailed log of dates, times, and the nature of the breach, along with any communication or attempts to resolve the issue. Building a body of fair, transparent and objective evidence will help if you need to take further legal action.
Always remember to remain respectful and child focused in your communication as all communications could be subject to court scrutiny in the future.
Communicate and Attempt to Resolve
Before taking legal action, try to communicate with your ex-partner and resolve the issue amicably. It is important to remember that you will be co-parenting with this person for the remainder of your child’s life and probably well into adulthood too. If you can establish a respectful approach to disagreements early on this will benefit everyone in the long run.
Approach the conversation calmly and focus on the child’s best interests. Suggest mediation or other dispute resolution methods to find a mutually agreeable solution.
If your ex-partner is unresponsive or unwilling to cooperate, send a formal letter outlining the breaches and your desire to resolve the situation or instruct a solicitor to do this on your behalf.
Retain a copy of this letter as part of your documentation.
Consider Enforcement Options
If the breach of the child arrangements order continues, you may need to pursue the matter through the This could involve:
Applying for an enforcement order:
This can result in your ex-partner facing financial penalties or even imprisonment for failing to comply with the court order. To apply for an enforcement order your original child arrangements order must contain a warning notice. All orders made after 8th December 2008 should include a warning notice but if they do not you can apply to the court to add one and provided the order was made after that date the court must add it to the order.
If the original order has been breached and the court does grant an enforcement order it can:
- Oblige the person in breach to complete unpaid community work
- Vary the original order
- Order the party in breach to pay financial compensation
- Order them to attend a Separated Parents Information Programme
- Order you both to attend mediation.
In very serious cases it can also commit the person in breach to prison but this is extremely rare.
Applying to change the existing order (sometimes called a variation order):
If the original order is no longer working, you can apply to the court to vary the terms to better suit the current circumstances. The court will consider whether there has been a major change in circumstances that warrants a modification to the existing order.
Consult with a family law solicitor who can advise you on the most appropriate legal course of action based on the specifics of your case.
Prioritise Your Child’s Wellbeing
While it might seem obvious – as, of course, the vast majority of parents prioritise child wellbeing in family affairs – it’s important to avoid engaging in conflict or confrontation in front of your child.
If necessary, seek counselling or support services. And don’t neglect your own stress and wellbeing – make sure to manage that, too.
Wrapping Up
When your ex-partner fails to comply with a child arrangements order, don’t play down the impact it has on you.
Your well-being is vitally important for both yourself and the child or children in question.
Work to understand the order, document the breaches, communicate with your ex-partner, and pursue legal enforcement if necessary.
Support your child as best as you can and don’t be afraid to seek professional help on that front, too.
If you’re concerned about a breach or potential breach of a child arrangements order, don’t hesitate to contact us at Batt Broadbent for expert legal advice
Our family law team is here to guide you through the process and help you find the best solution for your family.