21.1

On any application for enforcement of a child arrangements order, the court shall –

• consider whether the facts relevant to the alleged non-compliance are agreed, or whether it is necessary to conduct a hearing to establish the facts;
• consider the reasons for any non-compliance;
• consider how the wishes and feelings of the child are to be ascertained;
• consider whether advice is required from Cafcass/CAFCASS Cymru on the appropriate way forward;
• assess and manage any risks of making further or other child arrangements order;
• consider whether a SPIP or referral for dispute resolution is appropriate;
• consider whether an enforcement order may be appropriate, and
• consider the welfare checklist.

21.2

The Gatekeepers shall list any application for enforcement of a child arrangements order for hearing, before the previously allocated judge if possible, within 20 working days of issue. Enforcement cases should be concluded without delay.

21.3

An application made within existing proceedings in the family court shall be allocated to the level of judge in accordance with rule 17 of the Family Court (Composition and Distribution of Business) Rules 2014.

21.4

The Gatekeepers shall, if considered necessary, direct that further safeguarding checks are required from Cafcass/CAFCASS Cymru. On any application for enforcement issued more than three months after the order which is the subject of the enforcement, safeguarding checks shall be ordered.

21.5

The court has a wide range of powers in the event of a breach of a child arrangements order without reasonable excuse.

21.6

This range of powers includes (but is not limited to):

(a) referral of the parents to a SPIP, or in Wales a WT4C, or mediation;

(b) variation of the child arrangements order (which could include a more defined order and/or reconsidering the contact provision or the living arrangements of the child);

(c) a contact enforcement order or suspended enforcement order under section 11J Children Act 1989 ('Enforcement order' for unpaid work), (see paragraph 21.7 below);

(d) an order for compensation for financial loss (under section 11O Children Act 1989);

(e) committal to prison or

(f) a fine.

21.7

In the event that the court is considering an enforcement order for alleged non-compliance with a court order (under section 11J Children Act 1989) or considering a Compensation order in respect of financial loss (under section 11O Children Act 1989), the court shall (in the absence of agreement between the parties about the relevant facts) determine the facts in order to establish the cause of the alleged failure to comply.

21.8

Section 11L Children Act 1989 provides that if the court finds that a breach has occurred without reasonable excuse it may order the non-compliant party to undertake unpaid work if that is necessary to secure compliance, and if the effect on the non-compliant party is proportionate to the seriousness of the breach. The court must also consider whether unpaid work is available in the locality and the likely effect on the non-compliant party. It is good practice to ask Cafcass/CAFCASS Cymru to report on the suitability of this order. Section 11L(7) also requires the court to take into account the welfare of the child who is the subject of the order for contact.