A child arrangements order (or CAO), is a legal order made by the family court that states where a child will live, and/ or, who a child can spend time with and for how long.
What to do if your child’s parent breaches the child arrangements order?
If a child arrangements order is in place in respect of your child and the other parent named in the order is not complying with the terms of that order, the first course of action is to speak the parent to try to see things can be resolved amicably by either speaking the parent or through mediation to discuss the terms of the order if what was previously agreed is not working. This may not be appropriate in cases where there is or has been domestic abuse between the parents.
In appropriate cases, mediation is a way of sorting any differences between you and the parent, with the help of a third person who won’t take sides, this third party is known as a mediator and is someone who will try to help you reach an agreement together.
Mediation is also considered a much easier and cheaper than going to court for help. As a general rule, you will normally need to show that you’ve tried mediation before you apply to court. However there are exceptions that mean you don’t have to try mediation first - for example, if you’ve experienced domestic abuse.
If your attempts at mediation and resolving the matter amicably are not successful, then you can apply to court for the order to be enforced.
The court will want to know more about why you believe the other parent has broken (or ‘breached’) the terms of the order. If the judge agrees that the terms have been broken then they will want to hear what the other parent’s reasons are.
What is a reasonable excuse to breach a child arrangements order?
Not all breaches of a child arrangements order are considered unreasonable. Some situations may constitute a legitimate excuse for not adhering to the terms of the Order. Subject to the circumstances reasonable excuses may include:
- The child’s safety – if there is a genuine concern for the child’s well-being, such as exposure to harm or neglect.
- The child refuses to comply with the Order – in cases where the child is old enough to express their wishes and is unwilling to follow the agreed arrangement. However, the court is often not persuaded by this argument.
- A medical emergency – sudden illness or accidents that require immediate attention.
- A significant change in circumstances – this could include unexpected changes in the child’s living arrangements or other major life events that were unforeseen at the time the Order was made.
If a Court is asked to intervene because of a breach, they will require evidence to support any claims made and they will consider the intent behind the breach. It’s important to note that the Court will always consider the child’s best interests when determining whether a breach was reasonable.
The family court will consider the entirety of the circumstances surrounding the breach. This includes the parents’ actions before and after the breach, as well as any attempts made to remedy the situation.
If the court considers there are legitimate reasons for the breach, the court will consider the welfare of the child and direct further evidence in respect of the reasons why the parent or child has stopped contact, they may then potentially direct further evidence from other sources.
What is an unreasonable excuse to breach a child arrangements order?
The Court will not accept certain excuses as valid reasons for breaching a Child Arrangements Order. Examples of what are unlikely to be considered as unreasonable excuses include: –
- The other parent is not following the terms of the Order – one parent cannot justify breaching the Order because the other parent is not complying with their part.
- Child maintenance issues – non-payment or the termination of child maintenance payments is not an acceptable reason to breach the Order.
- Minor deviations – for example, returning the child a little late on the odd occasion is not generally considered a valid excuse for non-compliance.
- Minor illness – a common cold or other minor illness is unlikely to be seen as a reasonable excuse for not following the terms of the Order.
What happens if there is no justifiable reason for the breach:
If there are no justifiable reasons and no reasonable excuse then the court will consider taking action against that parent in an attempt to make them comply with the order. There are a range of actions available to the court in these circumstances, these include:
- referral of the parents for Planning Together for Children work or mediation
- creating a variation of the child arrangements order (which could include a more defined order and/or reconsidering the child’s living and spending time arrangements)
- a contact enforcement order or suspended enforcement order; an enforcement order can impose a requirement to undertake between 40 and 200 hours of unpaid work
- an order for compensation for financial loss
- a fine
- committal to prison
If the court finds that a breach has occurred and they are considering one of the above measures, then at this point they may ask the Children and Family Court Advisory and Support Service (CAFCASS) to write a report on what the impact will be on the child and parents affected by those measures. This would usually be a brief piece of work carried out by a Family Court Adviser. Once the court has received this report, they will aim to make their decision without delay.
If you would like to discuss child arrangement orders with one of our family law solicitors please contact us on 0161 696 6193.
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