The Court makes Orders. Those Orders are there to be complied with. In matters involving Children the Order sets out which parent a child should be with and when. This provides clarity to all the family, not least the child.
Of course, there are occasions when an Order can not be complied with. Maybe the child is sick or on a school trip. Whilst it may be disappointing, these one-off incidences are not going to be dealt with by the Court and indeed should not be brought to the Court’s attention.
But what if, the child was on a school trip last week, had a sports festival at the weekend, is poorly this week and has a friend’s party next week. Is this exceptionally bad timing or is one parent frustrating the Court 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.
If you are a parent facing Children Act Enforcement Proceedings, whether issuing or defending, please do not hesitate to contact Lawson West.
