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A child arrangement order (sometimes referred to as a CAO) is a court order which stipulates the contact arrangements for a child following parental separation, including where a child will live, and what time a child will spend with each parent. They help to ensure that the welfare and best interests of a child are looked after.
This type of court order is normally only needed when parents cannot reach agreement between themselves on what is best for their child. The court process can be lengthy, and so it is disappointing when one parent unilaterally decides not to abide by the terms of the order.
Breach of a child arrangement order can cause distress for a parent, but also results in significant instability for children. At times it can even mean children are not permitted to see one of their parents, so it is important to understand your options when a breach occurs.
A breach is anything that is done which is not in compliance with the terms of the child arrangement order. The court must be satisfied beyond a reasonable doubt that a breach has occurred, and courts tend only to intervene when breaches are substantial and deliberate.
The court expects that a pragmatic approach is taken towards minor breaches, such as being delayed a few minutes. Even if there is a more significant breach, it may not always be deliberate or something which a court would seek to enforce. For example, a parent that has been delayed in a traffic jam for several hours, or involved in an accident, would be highly unlikely to suffer any consequences at court as a result of such a breach.
If a parent repeatedly breaches the order, even if they are small breaches, or if they simply refuse to comply with the terms, then the court has powers to enforce compliance with an order.
Often a parent has to make an application for enforcement when the other parent outright refuses to allow the other parent to see the child, without any valid justification.
When a breach occurs, there are several possible actions you may take as follows:
The best route will depend on your circumstances, and the reason for the breach. One of our expert family law team can advise you on the most appropriate route for you.
In enforcing the court order, the court has several powers and steps that can be taken against the parent that is in breach of the order, including ordering a fine, community service, and in extreme cases the court can even order a custodial sentence.
Your former partner may be concerned over the safety of your child if they were to comply with the order and permit your child contact with you. Their concerns may be exaggerated or even invalid. We have heard of parents stopping contact based on a rumour they have heard, second or even third hand, about the behaviour of the other parent. It is important to establish as soon as possible what their reasons for breach have been and, if necessary, obtain evidence to counter their concerns or provide facts to disprove any mistaken beliefs.
This should lead to an earlier re-establishment of contact arrangements. Early legal advice can mean less detriment to both you and your child.
During enforcement proceedings, the court has the discretion to order compensation against the breaching parent in your favour if you are out of pocket as a result of the breach. This, of course, is dependent on the reasons for the breach.
The court has the power to order legal costs against one parent if the court is satisfied that it is fair and reasonable to do so. In determining this, the court will consider the facts of the case and the nature of the breach. One of our family law team can guide you on the likely costs of your case, and the likelihood of securing an order for costs against your former partner.
One of our family law experts will be able to advise you on the options available to you in respect of any breach of a child arrangement order. We can weigh up the routes available to you, and help you obtain the right legal advice to best meet you and your child’s needs.
Please contact Hannah Byatt in the family law team on 01480 702027 or email [email protected] for further advice.
Hannah Byatt BA, Partner and Team Leader
Partner - Team Leader Family
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