Breach of a Child Arrangements Order – A Guide for Fathers

breach of child arrangements order: Introduction

Family law in the United Kingdom plays a crucial role in safeguarding the welfare and best interests of children in cases of parental separation or divorce. When parents cannot agree on child arrangements, the court may intervene and issue a Child Arrangements Order (CAO) to establish the time children spend with each parent. However, the effectiveness of court orders relies on their enforcement. In this article, we will delve into the breach of Child Arrangements Orders, exploring what it entails, when it is used, the required forms, and the process involved.

Understanding Child Arrangements Order Enforcement

A Child Arrangements Order outlines how parents share the responsibility and time spent with their children. It may stipulate the child’s residence, visiting rights, or other specific aspects of care. Ideally, both parents should adhere to the terms of the order voluntarily. However, in some cases, one parent may fail to comply, leading to the need for enforcement.

When is Enforcement of a Child Arrangements Order Necessary?

Enforcement becomes necessary when a parent breaches the the terms set out in a Child Arrangements Order. Common scenarios include:

1. Denial of Contact: One parent obstructs or denies the other parent’s right to spend time with the child as specified in the order.
2. Relocation: A parent moves or plans to relocate without obtaining the necessary consent from the other parent or the court.
3. Interference with Communication: One parent hinders communication between the child and the other parent, violating the provisions of the order.
4. Non-compliance: A parent consistently fails to fulfil their responsibilities outlined in the Child Arrangements Order, such as failing to drop off or pick up the child at designated times.

Forms Required for enforcement of child arrangements order

To initiate the enforcement process for a Child Arrangements Order, you will need to complete the following forms:

1. C79 Application Form: This form, available on the GOV.UK website or from a local family court, is used to apply for enforcement.
2. C100 Application Form: If you are seeking a variation or amendment to the existing Child Arrangements Order alongside enforcement, you will need to complete this form.

How to Enforce a breach

The process of enforcing a Child Arrangements Order typically involves the following steps:

1. Mediation and Communication: Before considering enforcement, it is advisable to engage in mediation or other forms of alternative dispute resolution to resolve any issues amicably.
2. Seek Legal Advice: If communication and negotiation fail, consult a family law solicitor who can guide you through the process and provide legal representation, if necessary.
3. Complete the Application Form: Fill out the C79 Application Form, detailing the breaches of the Child Arrangements Order and the desired enforcement action.
4. Submit the Application: Lodge the completed form with the family court that issued the Child Arrangements Order.
5. Court Hearing: The court will review the application and may schedule a hearing where both parties present their arguments.
6. Possible Outcomes: If the court finds the order breached, it can take various enforcement actions, such as fines, community service, or, in severe cases, imprisonment. The court may also make amendments to the existing order to ensure compliance.

Conclusion

Enforcement of Child Arrangements Orders is crucial for ensuring that children’s best interests are protected and that parents uphold their responsibilities. When voluntary compliance fails, applying for enforcement through the court becomes necessary. By understanding the process, completing the required forms, and seeking legal advice, parents can pursue the enforcement of a Child Arrangements Order to safeguard their children’s welfare and rights effectively.