The application may have been made to deal with a dispute in relation to where the children should live, how time should be shared between the parents and when and where contact should be or the application may have been made to deal with a specific issue, such as where the children should go to school etc.
A Child Arrangements Order is legally binding for both parents and as a result parents may be concerned that they could potentially breach the terms of the Order, given that the Order will usually carry a warning that failure to comply could result in imprisonment, fines or personal items being seized.
To apply for an Enforcement Order, there must first be:
If the existing Child Arrangements Order was dated on or after 8th December 2008, the Order will contain a warning notice detailing the consequences, should the Order not be adhered to.
If the Child Arrangements Order was granted before 8th December 2008, you must first apply to the Court to have a warning notice attached to the existing Child Arrangements Order. This is because a Court cannot lawfully enforce an Order where a warning has not been given, should there be a failure to adhere to the terms set out in the Order. See link here to download the Form C78, which you will need to complete to attach a warning notice to a Child Arrangements Order.
To enforce an existing Child Arrangements Order, the Court must also be satisfied that a person has failed to keep to the terms within the Order. The Court cannot make an Enforcement Order, where it is accepted that there was a reasonable excuse for failing to keep to the terms within the order.
This type of Enforcement Order will mean that the person will be required to work between 40 and 200 hours of unpaid work, which will be monitored by the Probation Service.
Where a person has failed (without reasonable excuse) to keep to an existing Child Arrangements Order and you have lost money as a result, you may be eligible for compensation from that person. An Order of this type will only cover financial loss incurred and will not take into account feelings/inconvenience caused.
To apply for either of these Orders you must be:
If you are the receiving party to the Enforcement Order, you can apply to the Court for this to be revoked (this means that the Order will be brought to an end).
Before coming to a decision, the court will consider:
Click here to download the form that you will need to complete to apply for an Enforcement Order, to apply to bring an Enforcement Order to an end or to apply to amend aspects of the Enforcement Order.
Before sending or taking the completed form to the Court, you must:
Once received the court will check the documents that you have filed and will send you a Notice of Hearing date.
We can help you in enforcing, ending/revoking or amending an existing Child Arrangements Order.
Contact us today, our Family and Children Law Experts will be able to advise you and guide you through this difficult time.