Enforcing a Child Arrangements Order
You can apply to the Court for Enforcement of a Child Arrangements Order if the other parent named on the Order is failing to comply with the terms of that Order.
The Court will want to know why the Order has not been complied with (a “breach”), and if a Judge agrees that the terms of the Order have not been complied with, then the Court will want to know why this has occurred.
You need to check whether your Child Arrangements has a “warning notice” attached to it.
This would usually be added by the Court for any Order made after 8th December 2008.
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If there is a warning notice, you can apply for Enforcement of the Order.
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If there is no warning notice, you can apply for a warning notice to be added to the original Child Arrangements Order.
If the Court is satisfied that the Child Arrangements Order has not been complied with, and there is no reasonable excuse for failing to obey the Order, then there are many actions available to the Court including Variation of the Child Arrangements Order, a Contact Enforcement Order or Suspended Enforcement Order, compensation by way of a Financial Loss Order, a fine or in serious cases or committal to prison.
Alistair Dobson, Senior Associate Solicitor
Lawson West Solicitors, Market Harborough
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