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| General Disclaimer: Nothing
presented constitutes legal advice and the
McKenzie Friend UK Network is not a legal entity
or in anyway claims to be a 'legal resource'. The
resource guide is supported by McKenzie Friends
and Litigants in person for Litigants in Person
in Family Court. McKenzie Friends provide
layperson support as an informed friend under the
Family Court Practrice Guidance of 2010. All
information is published under the spirit of that
guidance. For any corrections of the information,
please contact the McKenzie Friend UK Network |
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| BREACH
OF COURT ORDERS: Child Arangements |
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| A Child Arrangements
Order (CAO) is a legal order issued by the family court
that outlines the arrangements for the care and living
arrangements of a child. A CAO can specify various
aspects of a child's life, including where they will
live, who they will spend time with, and how often they
will have contact with specific individuals, such as
parents or grandparents. |
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| A breach of a Child
Arrangements Order occurs when one of the parties
involved (usually a parent or guardian) does not comply
with the terms and conditions set out in the court order.
Common examples of breaches include: |
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| Non-compliance with
visitation rights: If a parent who has been granted
contact or visitation rights with the child fails to show
up for their scheduled visits or does not return the
child on time, it can be considered a breach. |
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- Refusal to allow contact: If
a parent with primary custody or residence
refuses to allow the other parent their specified
visitation or contact with the child, it can also
constitute a breach.
- Changing the child's
residence without consent: If a parent relocates
the child to a different location or residence
without the agreement of the other parent or
without seeking the court's permission, it can be
considered a breach.
- Failure to follow specific
conditions: If the CAO includes specific
conditions or requirements, such as supervision
during contact, and a party fails to adhere to
these conditions, it can lead to a breach.
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| When a breach of a
Child Arrangements Order occurs, the affected party can
take action to address the issue. This may involve
seeking enforcement of the existing order, requesting a
variation of the order, or taking the matter back to
court for a judge to review the situation and potentially
make changes to the order to ensure its compliance. |
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| It's important to
note that family courts in the UK prioritize the best
interests of the child, and their primary concern is to
ensure that children have a stable and loving
environment. Breaches of CAOs can have serious
consequences, including legal penalties, so it's
essential for all parties involved to adhere to the
court-ordered arrangements and, if necessary, seek advice
or mediation to address any disputes or issues that may
arise. |
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| Reasonable
Excuses You will
need to consider whether there are reasonable grounds for
contact not taking place on that occassion, for
example, if your child is unwell, which can be verified
by the GP, the car has broken down, that can be verified
by a garage, that traffic accident caused the road to be
blocked for a long period, a train strike with no other
reasonable means of personal or public transport
avaiable.
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| Burden of Proof |
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| There are two burdens of proof: |
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| 1. The court has to
be satisfied beyond reasonable doubt that an individual
has failed to comply with a provision within the order.
This is the higher criminal standard of proof. 2. The burden of proof is on the
individual failing to comply with the Child Arrangements
Order to show that they had a reasonable excuse for
breaking the order. The burden of proof is the balance of
probabilities.
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| Enforcement
of Order All
contact orders made from December 2008 by a family court
include a warning notice which sets out the consequences
which could be imposed if the order is breached. If a
court order does not contain a warning notice then a
party will be unable to apply for an enforcement order
where the order is breached.
The court can enforce the order
with a fine, community service, compensation or a prison
sentence. The existing order can also be varied by the
court.
The application to enforce a
Child Arrangements Order is made using the Form C79
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| Enforcement of Orders
Abroad UK family court order may still be
enforced abroad where the following applies:
- Countries which are parties to the
European Enforcement Order Regulations (EEO);
- Countries which are signatories to
the Brussels Regulation or the Lugano Convention;
- Countries with which the UK has a
reciprocal agreement in place; and
- Countries for which none of the
above apply which are commonly the USA, Japan and
China.
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| Duration of Child
Arrangement Orders: |
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| The contact
arrangements set out in a Child Arrangements Order remain
legally binding until the child reaches the age of 16
unless the order specifically states otherwise. This is
in accordance with section 91(10) of the Children Act 1989. After this point it will be up to the
child to decide how much contact they would like to have
with the parent they do not live with. The ‘live with’ element of a
Child Arrangements Order remains legally binding until
the child reaches the age of 18, however the Court are
very reluctant to enforce such orders beyond the age of
16 unless there are exceptional circumstances.
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| Resources |
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| Enforcement
of Child Arrangeemnt Orders: Practice Directions |
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