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.
- Is there such a thing as a common law wife/husband?
- What is a Parenting Plan?
- How do you obtain Parental Responsibility?
- What does ‘Parental Responsibility’ mean?
- Other than making an application to the Court for enforcement, what can I do to ensure that I can continue to see my children?
- What is Child Maintenance?
- I am furloughed, can I stop paying child maintenance?
- What is mediation?
- What if we have children’s schooling disputes?
- What is a CAFCASS?
- What about contact with my child?
- What happens if there is a dispute regarding with whom the children should live?
- What is shared care in child law?
- What is a Child Arrangements Order?
- Where will the children live?