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Divorced and separated couples will often find difficulty in reaching agreement about the care arrangements for their children after divorce/separation. In these scenarios, many parents will apply to the court for what is known as a child arrangements order. A child arrangement order will set out details of the days and times that a child will spend with each parent.
However, there will be instances where one party may refuse to abide by the terms of the order and deny the other party access to the children. If you find yourself in this scenario, you need to know the below…
Child Arrangements Order “Warning Notice”
A Child Arrangements Order is a legally binding document and attached to each order is what is known as a “warning notice” which states what can happen to a person who does not comply with the term of that court order.
The warning notice is usually in bold and at the end of the order. It will state that where a Child Arrangements Order is in place if a person does not comply with that order they may be in contempt of court and committed to prison, fined, made to undertake unpaid work or ordered to pay financial compensation.
Breach of a Child Arrangement Order
If you find yourself in a position where the other parent to your child is not complying with the Child Arrangements Order, you can make an application to court for an enforcement order.
The court will firstly consider whether the facts about the alleged breach of the order are agreed or not and if not, whether it will be necessary to hold a hearing to determine those facts. The judge can and should consider the reasons given for non-compliance and whether Cafcass need to be involved in the case.
How to enforce a Child Arrangements Order
Once the court has considered all of the above facts, the Court will decide whether there has been a breach of the Child Arrangements Order, without reasonable excuse.
If the Court does find that there has been a breach of the Child Arrangements Order with no “reasonable excuse”, then the court can:
a) Order the Parties to attend a Separated Parents Information Programme
b) Vary the existing order.
c) Make an enforcement order for the non-compliant party to undertake unpaid work.
d) Make an order for compensation for financial loss
e) Order a committal to prison in extreme circumstances.
If you wish to book in for an initial consultation to discuss your situation, our family solicitors are based in both Wolverhampton and Cradley Heath and serve clients across the West Midlands. For all new enquiries, please call 01902 328 365 or complete our online enquiry form and a member of our team will respond.
George Green’s specialist Family Law solicitors are experts in all aspects of family breakdown. For example, we can help you with divorce and the breakdown of relationships, financial arrangements following divorce and separation, child arrangements, domestic violence and protective injunctions, out of court settlements and so much more.