Navigating a divorce or separation can come with significant challenges, especially when children are involved. That's why child arrangements orders were established, streamlining this process and prioritising the wellbeing of the children of the family. However, despite having an order in place, circumstances can arise where one parent fails to adhere to its terms, resulting in a breach of the child arrangements order. Here, we outline the potential consequences of breaching such an order and offer guidance on addressing such instances if they occur.
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Child arrangements orders establish a specific framework setting out when children spend time with each parent. Child arrangements order scan be made by consent, where the parties have reached an agreement and want an enforceable court order, but can also serve as legal intervention when separated parents cannot reach an agreement as to how children spend time with each parent as well as other issues that relate to the welfare of the children.
Since December 2008, child arrangements orders have incorporated clear warnings to both parents, stressing the importance of following the specified guidelines and highlighting the consequences of breaching the terms. They may also be accompanied by prohibited steps orders, which outline the restrictions on parental actions, such as altering the child's name without agreement; such prohibited steps order would be dependent on the circumstances of the case.
A child arrangements order can be breached through various actions, such as failing to stick to the agreed arrangements schedule or preventing the other parent from spending time with the child. Moving without the other co-parent’s consent (depending on location) or disrupting communication between the child and the other parent are also considered breaches.
Moreover, neglecting parental responsibilities outlined in the order or withholding important information from the other co-parent or court can constitute breaches. Essentially, any action that goes against the terms of the order, regardless of intent, is a breach and may result in legal repercussions or amendments to the existing order.
Reasonable reasons for not following child arrangements orders could be when the child is sick or when transportation issues prevent someone from meeting their obligations. As long as these situations do not happen often, where a suspected pattern emerges, there should be no issue.
Unexpected events like family emergencies or a parent getting hurt can also be seen as good reasons. If the event can be justified and does not cause much disruption, it should be a matter that can be resolved amicably between co-parents. Often sensible solutions and agreements can be reached where there is open communication between parents.
If a child arrangements order is breached, the party who has breached will need to demonstrate a valid reason for their actions. Whilst occasional breaches do happen, if this becomes a pattern consistently breaching obligations, this can lead to friction and potential penalties if the other parent refers the matter back to court.
The legal consequences for breaching a child arrangements order can be significant. The court takes breaches seriously, as these orders are legally binding and designed to protect the best interests of the child. Consequences may include fines, community service, or even imprisonment, particularly in cases of repeated or serious breaches. Additionally, the court may modify the existing order to better ensure the child's welfare, potentially reducing or altering the breaching parent's child arrangements which at its most serious, could result in a change of residence for the child.
Breaches can also damage the breaching parent's credibility in future court proceedings related to child arrangements,painting an unfavourable picture of them to the court and something to be used against them by their co-parent, and adverse inferences can be drawn as to their behaviour.
The court may choose to vary the existing order to address the breach and better ensure the child's wellbeing. Variations could include altering the child arrangements or imposing stricter conditions on the breaching parent to minimise the risk of future breaches. The court's primary concern remains the best interests of the child, so any variations aim to promote stability, safety, and positive relationships within the family dynamic.
Legal fee reimbursements, or a costs order, in the event of a breached child arrangements order are not automatic and are subject to the discretion of the court. However, if the breach is found to be significant and deliberate, the court may order the breaching party to pay the other party for reasonable legal fees incurred as a result of addressing the breach. This payment is intended to compensate the non-breaching party for the expenses they incurred in seeking legal assistance to enforce the order and protect the child's best interests.
Breaching these orders can have severe consequences for family relationships. In fact, such breaches can erode trust between co-parents, leading to increased conflict and communication breakdowns which ultimately has an impact on the welfare of the children. The parent whose access rights are infringed upon may feel hurt, frustrated, or even alienated from their child, damaging the parent-child bond. In turn, children may experience confusion, distress, and emotional turmoil when faced within consistent arrangements or disrupted relationships with one parent.
Ongoing breaches can also perpetuate a cycle of resentment and hostility, further straining family dynamics and making it difficult to co-parent effectively in the future.
To enforce a child arrangements order, a specific application in respect of breach is submitted to the court, seeking enforcement of the order, if it is not being followed, or to address breaches of the order. Comprehensive details about the case must be provided with a copy of the order, explaining how it has been breached.
The court will consider the matter and issue an enforcement order if it is convinced, beyond a reasonable doubt, that the individual failed to comply with the order. However, if the court finds a reasonable excuse for non-compliance, it will not issue an enforcement order.
Our dedicated family team has extensive expertise in various child-related matters.
We offer practical and informed guidance, assisting clients through the intricacies of day-to-day childcare issues. Additionally, we clarify the legal procedures for emergency orders and ongoing conflicts, and we explore alternative dispute resolution methods like Family Mediation and Alternative Dispute Resolution when required.
Whether our clients are initiating legal action or responding to court applications, we are committed to providing comprehensive support tailored to their individual needs.
If you find yourself in a situation where your co-parent has breached the child arrangements order, or you have had an enforcement application brought against you, please do not hesitate to get in touch with our Family@Sheridans team.
