Part 9: 'Children Act' Series - Enforcement of a Children Act Order

Enforcing a Child Arrangements Order (CAO) under the Children Act 1989 involves several steps and considerations.

Who Can Apply for Enforcement?

If you are a parent or guardian, named in a CAO and the order has been breached by the other parent or guardian, then you may have to issue an enforcement application. Clearly, the courts make an order for good reason and the court are not particularly happy, if the order is  breached with no good reason.

Application Process

To enforce a CAO, you need to complete Form C79. This is the application which sets out what order has been breached and how it has been breached.

Court Actions

If the court is satisfied beyond reasonable doubt that a person has failed to comply with a CAO, it has several powers:

• Making an enforcement order

• Ordering financial compensation for financial loss

• Imposing a fine

• Committal to prison (if there is a penal notice attached to the CAO)

• Varying the CAO

• Referring parties to mediation or ordering attendance at a SPIP programme

The court will consider the welfare of the child and the proportionality of the enforcement order to the seriousness of the breach. For example, if the CAO states that Parent A “must make the child available” to spend time with Parent B , and parent A is doing everything that they can to make the child available – but the child will just not go, then that parent  will be considered differently than a parent who just does not make a child available for contact and frustrates it in any way and every way possible. Indeed, in the first scenario, the court are likely to look at what assistance can be offered to Parent A, rather than punish them.

Which ever parent of guardian you are, in a Children Act Enforcement application, we would advise you to seek legal advice.

Here at Lawson West, we have a team of dedicated family solicitors who can assist you. Contact us for more information, or for a no obligation initial discussion about your circumstances.

If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.

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