Divorce and legal separation are both challenging processes, especially when it comes to children. A child arrangement order is a legal process designed to make the process simple and easier for all parties involved – focusing on the needs and emotional wellness of children first.
However, there are scenarios where a child arrangement order can be breached. If this happens, there are many possible ramifications. In the following article, we will explore what happens in this scenario and how you can work to resolve it as quickly as possible.
What is a child arrangement order?
A child arrangement order specifies when children spend time with their parents. This order will act as a legal intervention when separated or divorced couples are unable to reach an agreement that both parties agree is fair.
A child arrangement order will typically outline the days or weeks each parent will have custody of their children.
The breach of a Child Arrangement Order
A breach of a child arrangement order happens when one party does not comply with the terms set out in the order. This might include not allowing the child to see the other parent at the agreed times, or not returning the child on time.
There are some scenarios that fall under ‘reasonable excuse’ to breach a child arrangement order. These might include situations where the child was unwell, or there were extenuating circumstances like transport or family emergencies. With open communication, these reasonable excuses can be explained and resolved without further action needed.
Possible ramifications of breaching a child arrangement order
There are several possible ramifications of breaching a child arrangement order. These can range from compensation, or adjustments to the order, to much larger legal penalties.
- Warning notices: In some cases, the first line of order is for a court to issue a warning notice to the parent in breach. This indicates that further non-compliance could result in more severe consequences.
- Legal consequences: The parent in breach of the arrangement can be taken to court. If found in contempt of their order, the court may impose various sanctions, including fines, community service, or imprisonment.
- Adjustment of order: The court may instead decide to change the terms of the child arrangement order. This could involve reducing the amount of time the breaching parent will spend with the child.
- Enforcement orders: A court may issue an enforcement order, which might include activities designed to help the parent in breach understand the impact of their actions. Common activities include counselling or parenting classes.
- Compensation: The parent who did not breach the order can also seek compensation. These can cover any expenses incurred due to the breach, like travel costs or missed work.
Resolving a breach
Remember that when it comes to resolving this issue, the well-being of your child should be paramount. However, the child arrangement order has been put in place for a reason, so it’s important to resolve it as quickly as possible. Here are some steps to focus on:
Communicate with the other parent
You should first try to resolve the issue without legal action. This might include simply discussing the breach with the other parent. Remember that sometimes breaches can occur due to misunderstandings or unforeseen circumstances. If possible, keep records of any written communications.
Mediation
If direct communication fails between the two of you, then you can try getting a third party to mediate. A neutral third party can help to create a discussion and find a mutually acceptable solution. This is a way you can avoid legal action. However, if the issue persists then you may need to seek legal advice.
Legal advice
You should contact a professional, knowledgeable family law solicitor to understand your rights and options. They will be able to guide you through the legal process and eventually represent you in court if required.
Returning to court
If everything else fails, you may need to apply to the court to have them enforce the order. Keep in mind this can be a lengthy and stressful process, but it is sometimes necessary to ensure that the order is followed.
Find expert child arrangement order advice with Osbourne Pinner
Are you facing persistent challenges with a child arrangement order? Ensure the wellbeing of your child and legal rights with expert advice from Osbourne Pinner. Our experienced child arrangement order solicitors are here to guide you through the complexities of child arrangement orders, helping you to find the best solution for your family.
We also have a range of experience helping to manage special guardianship orders, prohibited steps orders, enforcement of contact, father’s rights and many other specific issues.
Contact us today for a free consultation via Zoom or face to face at our offices at Piccadilly Circus, Harrow or Canary Wharf. To get started, call 0203 983 5080, email us at [email protected] or use this form.
