Frequently Asked Questions
Child Arrangement Orders made since 2008 contain a Warning Notice which explains the consequences of breaching a child arrangement order. The penalties that the Court can impose include fines or imprisonment for contempt of court, orders to undertake unpaid work in the community or orders for financial compensation. However, for those parents wanting to bring such breaches to the Court’s attention, an application for enforcement must be made, for which a Court fee of £215 is payable.
Parents should also bear in mind that under section 11J of the Children Act 1989, the Court can decide not to make an enforcement order “if it is satisfied that the person had a reasonable excuse for failing to comply with the provision.” Unfortunately, “reasonable excuse” is not defined within the legislation and is therefore open to interpretation and the Court’s discretion.
