Enforcement Orders

Enforcement order
Enforcement Order

Events will happen that cause a breakdown in the relationship and require an Enforcement order. This can be the introduction of a new partner, moving home, after school activities , a new child or an argument. An order is suitable at this point, particularly if it is without just cause as soon as possible.

Consequences of Breach 

If a Child Arrangements Order is breached it is a very serious matter. The Court is able to make an Enforcement Order  that may include:

  • The Court can also vary the child arrangements in place.
  • The Court can impose a community service order, requiring the parent in breach to undertake up to 200 hours of community service.
  • The Court can fine to the parent in breach of an enforcement order.
  • The Court can impose a short prison sentence on the parent in breach. (however this is very rare)
  • The Court can impose an order for the parent in breach to pay financial compensation.

It is important to distinguish between minor and major breaches of an order. Some minor  breaches can be resolved through improved communication. Major  breaches will need court intervention.

This is a complex area of law and procedure, we can support you in your enforcement order. Please look at our fees and then contact us either by Text, Phone or Email for a free no obligation consultation.

Please see the court rules

https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu

Variation v Enforcement Order

When a situation occurs it is important to identify if this is a short term change. This because it is best to try mediation or talk through the changes. When this is not possible it is also important to balance how long the court process will take against your timeline.

When the situation is long term and you are not able to discuss the issue then talk to us straight away. A parent who has agreed a with a change, generally can be seen as agreeing a variation to the order especially if this has gone on for sometime.

This however should not stop you trying to agree variations as long as they meet all needs. It is very common for children to cope with small changes unless they have specific needs.