What happens when a parent breaks a court order?

Leeds Day

What happens when a parent breaks a court order?

When separated parents cannot decide arrangements for their children, the court can make a child arrangements order to clarify a child’s living arrangements. This order is legally binding, and if a parent breaks it they will be in contempt of court which could mean fines, enforcement orders and, in rare cases, even imprisonment.

What can I do if my partner breaks a court order?

If you are experiencing difficulties with a child arrangements order, including minor or major breaches, it is advisable to keep a diary of these so you will have a clear picture of the difficulties you have faced. The first step is to try and discuss the breach(s) with your former partner to try and reach agreement without having to return to court. The court process can be stressful, timely and expensive. Another option is to use mediation as a neutral forum with a third-party to try and resolve the disagreements. If none of the above works, the only option left is to return to the court to enforce the original order.

How do you enforce a court order?

Once an application is made a hearing will be listed within 20 working days of the application been issued, although that is not always the case, depending on the number of other cases a court is dealing with at the time the application is made.

What will the court consider when deciding to enforce an order?

• Whether the facts for the alleged non-compliance are agreed or whether it is necessary to conduct a hearing to establish them. • The reasons for any non-compliance. • The wishes and feelings of the child and what is called the welfare checklist. • Whether any advice is required from Cafcass (www.cafcass.gov.uk) on the best way forward. • Assess and manage any risks of making further or other child arrangements orders. • Whether a separated parents information programme (a “SPIP”) or referral for dispute resolution is appropriate. • Whether an enforcement order may be appropriate.

What are the penalties for a breaching a court order?

There are several powers available to the court. These are: • Referring both parents to a SPIP or mediation. • Unpaid work requirement of between 40 and 200 hours where the court is satisfied beyond a reasonable doubt that one party has failed to comply with a provision of the order. • Committal to prison (in very rare/serious cases). • Changing which party the child or children live with (in very extreme/serious cases) or varying the child arrangements order to include a more defined order. • A fine. • An order for compensation for financial loss. • A contact enforcement order or suspended enforcement order.

If you are facing problems with a child arrangements order or the arrangements for your children generally following the breakdown of your relationship the family team at Leeds Day LLP can help. We are the largest family law team in Cambridgeshire outside of Cambridge and Peterborough. To find out more, visit our website: www.leedsday.co.uk, or send an email to family@leedsday.co.uk

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