A Child Arrangements Order is an order made by the court stating where children will live and how and when they will spend time with each parent. If the terms of the Order are not being met, by one party or the other, there is an option to ask the courts to enforce the Order.
Such applications are necessary when one party frustrates an order or seeks to unilaterally vary it. As the police generally consider a breach of the court order a minor matter, they don’t tend to get involved. Instead, they consider it a private matter, meaning often that further proceedings are required, as daunting as that might be, having already been through it before. Unfortunately it is often the case that matters get worse if not acted upon from the early stages of such conduct starting.
An Enforcement Order is a further order from the court which can order a party to comply with a judgment or order made against them. Sanctions can also be made by the court, including fines, community service and imprisonment if a party consistently breaches an order. In more serious cases, constant frustrations of an order can also result in more serious consequences, such as a variation in where the child lives.
It is important to provide as much information and detail to the court as possible within your application and to ensure that you seek the right orders and take the correct approach for your case.
Make sure that you seek advice from family law solicitor if you are experiencing any difficulties with the implementation of an order. You should discuss your case with an expert and make informed decisions for the best possible outcomes.
For more information on how this how this might affect your particular situation, contact Harrowells' Family Law team.