Once the Child Arrangements Order has been agreed , sometimes events take place which mean that the terms set out in the Child Arrangements Order are not enforced and an Enforcement Order is required.
This can be due to situations that were not envisaged, that circumstances have happened which mean that either parent may consider that the child or children best interests are not being met and a further dispute can arise.
If a Child Arrangements Order is breached it is a very serious matter with the Court being able to make an Enforcement Order that may include:
- The Court can vary the child arrangements in place.
- The Court can impose a community service order, requiring the parent in breach of the child arrangement order to undertake up to 200 hours of community service.
- The Court can fine to the parent in breach.
- The Court can impose a short prison sentence on the parent in breach. (This is however very rare, as the parent in breach is usually the parent with whom the child resides and the primary carer.)
- The Court may also impose an order for the parent in breach to pay the other party financial compensation if the breach led to loss (e.g. a cancelled holiday).
It is important to distinguish between minor and major breaches however minor breaches can become sufficient to warrant the courts intervention.
This is a complex area of law and procedure, we can support you in enforcement proceedings if you need it. Please see our fees and contact either by Text, Phone or Email.