When parents separate or divorce, one of the most crucial decisions they make is determining where and how their children will spend their time.
A Child Arrangements Order (CAO) is a legally binding Court Order issued by the Family Court which formalises the arrangements. It ensures that both parents understand their roles and responsibilities, aiming to provide children with stability and structure. However, when one parent fails to comply with the arrangements contained in a CAO, enforcement may become necessary. In this blog, we’ll explore how Child Arrangements Orders are enforced and the potential consequences for breaching them.
What is a Child Arrangements Order (CAO)?
As referred to above, a Child Arrangements Order is a Court Order which outlines the terms for how a child (or children) will spend time with each parent. It typically includes details about where the child shall live, the time the child shall spend with the other parent, and any other arrangements that affect the child’s wellbeing. The CAO is legally binding, and non-compliance of the terms can lead to serious legal consequences.
Often, a CAO will include a “Warning Notice” (formerly known as a Penal Notice). This Notice serves as a reminder of the potential consequences for not following the Order. It states:
If you do not do what the Child Arrangements Order says, you may be made to do unpaid work or pay financial compensation. You may also be held to be in contempt and imprisoned or fined, or your assets may be seized.
Parents are made aware of these severe implications when the CAO is made, emphasising the importance of adhering to the Order. However, life is unpredictable, and breaches of the Order can occur. The key is whether those breaches are reasonable.
When is it Appropriate to Enforce a Child Arrangements Order?
In many cases, parents can agree temporary or occasional changes to the terms of the CAO without the need for legal intervention. However, if one parent repeatedly and unreasonably fails to comply with the Order, it may be necessary to apply to the Family Court to enforce it.
When considering an application for enforcement, the Court will consider several factors, including:
- Whether the facts relevant to the alleged non-compliance are agreed, or whether it is necessary to conduct a hearing to establish the facts.
- The reasons for any non-compliance.
- The wishes and feelings of the child or children.
- Whether advice is required from Cafcass on the appropriate way forward or whether further safeguarding checks are required
- Assess and manage any risks of making further or other Child Arrangements Order
- Whether the Planning Together For Children programme (previously called Separated Parents Information Programme) or referral for dispute resolution is appropriate.
- Whether an enforcement Order may be appropriate.
- Consideration of the welfare checklist at s1 of the Children Act 1989.
The Court should only issue an enforcement Order if it is convinced beyond reasonable doubt that a parent has failed to comply with the original CAO unreasonably. Similarly, the Court should not impose an enforcement Order if there is reason to believe that the parent in breach of the Court Order had a reasonable excuse for the non-compliance.
Navigating Blended Family Dynamics: The Benefits of Family Mediation for Blended Families
Blended families come with their own unique challenges. Often, when parents remarry or cohabit, they bring together children from previous relationships, creating new family structures that may involve complex dynamics. As families try to navigate this new reality, they often encounter practical issues such as the organising the children’s schedules, and working around the parents’ schedules to ensure the children spend good quality time with half-siblings or step-siblings.
What Are the Possible Punishments for Breaching a Court Order?
The Family Court has a wide range of powers and measures it can use if a parent is found to have breached a Child Arrangements Order without a reasonable excuse. These consequences can vary depending on the severity and circumstances of the breach:
- Referral to Mediation – aimed at helping parents work together to resolve their disputes.
- Referral for the Planning Together for Children course (previously called SIPP) – this course helps parents improve communication and collaboration.
- Contact Enforcement Order – this may involve an Order for unpaid work, or a suspended enforcement Order, meaning there are penalties if the non-compliance continues.
- Fines or Compensation – the non-compliant parent may be required to pay fines or compensation.
- Alteration of the Order – the Court may alter the original CAO, such as changing the child’s living arrangements or refining any “spend time with” schedules contained therein.
- Committal to Prison – in extreme cases, the non-compliant parent could be sentenced to prison for contempt of Court.
What is a Reasonable Excuse to Breach a Child Arrangements Order?
Not all breaches of a CAO are considered unreasonable. Some situations may constitute a legitimate excuse for not adhering to the terms of the Order. 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.
- 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 CAO was made.
What is an Unreasonable Excuse to Breach a Child Arrangements Order?
Conversely, the Court will not accept certain excuses as valid reasons for breaching a Child Arrangements Order. Examples of 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 CAO.
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Conclusion: Ensuring Consistency and Stability for Children
Child Arrangements Orders are designed to provide children with a stable and supportive environment, even during difficult family transitions. Whilst life may sometimes present challenges that affect these Orders being adhered to entirely, it is vital that parents work together to follow them as much as possible. If a breach does occur, it is essential to determine whether the breach is reasonable or consistent.
If you find it difficult to comply with a Child Arrangements Order, you should make an application to vary the Order (and not wait until the other parent issues enforcement proceedings against you) if an agreement cannot be reached with the other parent.
If you are experiencing issues with a Child Arrangements Order, it’s crucial to consider the potential consequences and seek legal advice to understand the best course of action for enforcing or varying the Order. By doing so, you help to ensure that the child’s best interests remain at the core of all decisions, providing them with the stability they need.
FAQs
The Family Court has a range of penalties, including fines, unpaid work, altering the Order, altering where the child lives or even imprisonment, in extreme cases.
Valid reasons may include concerns about the child’s safety, medical emergencies, refusal by the child to comply, or significant changes in circumstances which were unforeseen at the time the CAO was made.
Unreasonable excuses might include issues with the other parent not complying, minor illness, or trivial deviations from the Order.
Contact Us
Our team at Thornton Jones is here to assist. If you need help and advice with Child Arrangement Orders or anything mentioned in this article, then call us today.
This blog provides an overview of the importance of adhering to Child Arrangements Orders, the potential consequences for breaches, and the guidelines for what constitutes reasonable and unreasonable excuses for non-compliance. If you’re dealing with a breach or need guidance on how to enforce or vary a CAO, seeking legal advice is always a wise step.
