If you’ve recently obtained a Child Arrangement Order (CAO), then you may have some questions surrounding how it works, what happens if it’s breached, and how these breaches can be resolved.
Regardless of whether you want to find out how to report a breach of Child Arrangement Order or you’re concerned that your former partner doesn’t have a reasonable excuse to breach the child arrangement order, we can help.
The experienced solicitors at Freeman Jones Solicitors have supported many former spouses and couples through the process of obtaining a CAO. Our empathetic and understanding approach makes us a go-to choice for parents across the UK.
What is a Child Arrangement Order?
A type of legal order in the UK, a Child Arrangement Order set outs where a child should live, who the child can have contact with, how long this contact should last, and under what conditions this contact should be made.
Created by the court, CAOs are often implemented following a relationship breakdown, such as a divorce or separation, when the individuals with parental responsibility can’t agree on child-related matters.
What happens if a parent doesn’t follow a Child Arrangement Order?
Once a CAO is put into place, it’s vital that you abide by the terms set out in the arrangement. Breaching a Child Arrangement Order could result in you being found in contempt of court (the crime of being disobedient or disrespectful to a court of law).
Punishments for being in contempt of court in the UK can include fines and imprisonment (or both) – you could go to prison for up to 2 years! Your assets could also be seized, and you could be awarded community service.
Crucially, you’ll also lose credibility in the eyes of the court which could affect the outcome of any future court proceedings. As a result, you should avoid breaching a Child Arrangement Order at all costs.
Instead, if you find that you can no longer follow the terms of the CAO and you can’t come to a mutual agreement with the other parent via a Mediation Information & Assessment Meeting (MIAM), you should make a court application using the C100 Form to adjust the existing court order.
What is the test for breaching a Child Arrangement Order?
If you wish to enforce a CAO, you must prove beyond all reasonable doubt that the terms of the order have been broken or ‘breached’.
For example, if the parent the child lives with fails to make them available for contact as agreed, then they’re in breach of the Child Arrangement Order. Equally, if the other parent fails to arrive at the designated location for the agreed contact, they will also be in breach.
If you can prove beyond all reasonable doubt that the terms of the order have been breached, you’ll need to apply to the court for enforcement of the CAO. You can do this by filling in a C79 Form and sending it your nearest court that handles child arrangements.
However, it’s important to bear in mind that the court will not make an Enforcement Order if the person in breach has a reasonable excuse to breach the Child Arrangement Order.
What is a reasonable excuse to breach Child Arrangement Order?
Unsure whether your former partner has a reasonable excuse to breach Child Arrangement Order? While breaches of CAOs happen all the time, courts are typically only interested in breaches if they’re regular and intentional.
For example, being a few minutes late to the agreed time for contact would technically constitute a breach of contract. However, courts are likely to see this as insignificant and the ‘offender’ will likely have a reasonable excuse, such as unforeseen traffic.
Other reasonable excuses for not following the terms of the CAO might include things like the child being too unwell for the agreed contact or the parent’s means of transport being unavailable.
If you’re still unsure whether a certain excuse for the breach of a Child Arrangement Order is ‘reasonable’, it may be worth seeking independent legal advice from an experienced child custody solicitor like Freeman Jones Solicitors.
Searching for legal support with Child Arrangement Orders?
If you’re struggling with a former partner breaching a Child Arrangement Order, then please feel free to contact the divorce and family law team at Freeman Jones Solicitors.
Our child custody legal services include providing expert CAO advice, offering mediation services, formalising arrangements, and providing legal representation – in the event that you cannot come to an agreement with your former partner.
To discuss your CAO requirements with one of our experienced solicitors, simply give us a call on 01244 506 444. We also welcome email enquiries sent to info@fjsolicitors.co.uk as well as queries submitted using our online contact form.
Upon receiving your enquiry, we can arrange your free, no-obligation, 20-minute consultation with our knowledgeable and friendly legal team.
