A Child Arrangement Order is a Family Court Order which specifies who the child lives with and how much time they should spend with other parties.
The order is legally binding and if one party breaches the terms, then the other party can refer the matter back to the court for enforcement. It will then be up to the court to decide whether the breach is reasonable or not.
What is a breach of a Child Arrangement Order?
A breach of a Child Arrangement Order (CAO) refers to when one party goes against the terms of the order. It is a serious offence to breach a CAO and can result in fines, or you having to undertake unpaid work or even imprisonment.
A breach of a CAO will commonly arise when an ex-partner refuses to make the child available for the other parent to spend time with the child. It can result in financial loss, for example, if you have taken a day off work or travelled far to see the child.
Is there a reasonable excuse for breaching a Child Arrangement Order?
Yes, there are some reasonable excuses for breaching a Child Arrangement Order.
It is worth keeping in mind that the court will always consider the child’s best interests of the child when determining if the breach was reasonable. If the breach resulted in harm or distress to the child, it is highly unlikely that it will be considered as reasonable.
Examples of a reasonable CAO breach can include:
- The child refuses to comply with the CAO and expresses a strong desire not to follow it. This will very much depend on the child’s age and understanding as parents should ensure that younger children comply with Court Orders.
- A significant change in circumstances has occurred that affects the child’s welfare, such as a sudden illness.
- Emergency situations that require immediate action, such as medical emergencies
- The need to prevent the child from potential trauma or distress or harm
- Situations involving domestic abuse or violence
If the court is required to intervene because of a breach, they will require evidence to support any claims made and they will consider the intent of the breach as generally the court will take a very dim view of a person failing to comply with a Court Order.
What happens if a Child Arrangement Order is breached?
If you breach a Child Arrangement Order, you may be required to undertake unpaid work or pay financial compensation or you may be held in Contempt of Court, which is punishable by a fine, seizure of assets, or you could even be imprisoned.
Any CAO made after 2008 will include a Warning Notice, which is a notice outlining the consequences of non-compliance.
An example of a Warning Notice is:
‘This order includes a child arrangements order (the part of the order setting out living arrangements for a child and about time to be spent or contact with another person). If you do not do what the child arrangements order says you may be made to do unpaid work or pay financial compensation. You may also be held to be in contempt of Court and imprisoned or fined, or your assets may be seized.
It is a criminal offence to take a child out of the jurisdiction (England and Wales) without the consent of everybody with parental responsibility unless the Court has given permission.
While a child arrangements order is in force in relation to a child nobody may:
- Cause the child to be known by a new surname
- Remove the child from the jurisdiction of England and Wales
Without the written consent of every person with parental responsibility for the child or leave of the Court.
However, this does not prevent the removal of the child from the jurisdiction by a person named in the child arrangements order as a person with whom the child is to live for a period of less than one month.’
If your ex-partner has failed to follow the CAO and disregarded the warning notice, you can make an application for enforcement. In this application, you must satisfy the Court beyond a reasonable doubt that your ex-partner failed to comply with the CAO.
If the court is satisfied that your ex-partner had a reasonable excuse, they can decline your application.
If you can prove to the Court that your ex-partner has breached the CAO, the Family Court can enforce a range of outcomes:
- Vary the Child Arrangement Order
- Order an Enforcement Order (Suspended Order) against your ex-partner
- Order your ex-partner to pay compensation for any financial losses
- Order your ex-partner to attend Separated Parents Information Programme or order both parties to attend mediation
- Commit your ex-partner to prison in serious cases
- Order your ex-partner to pay a fine
Can Police enforce a Child Arrangement Order?
Although the police can be involved in situations relating to a Child Arrangement Order, they don’t generally enforce them. Instead, you would need to refer the matter to the Family Court if there has been a breach of the order.
The police may become involved if there is a risk to the child’s safety or a risk to one of the adults.
Can the Court enforce a Child Arrangement Order?
Yes, the Court can enforce a Child Arrangement Order if it is satisfied that one party has failed to comply with the order.
It can be difficult to know whether the Court is likely to make an enforcement order and it depends on what the court considers as ‘reasonable’. The definition of reasonable is different for every circumstance and every case will be dealt with based on its own facts and what is in the best interests of the child concerned.