If you have already been through the court system, which no doubt left you exhausted and anxious, only to get an order but for it to be breached and ignored by the other party, you can do something about it. You do not have to just allow these breaches to continue or for the Order to be ignored.
To enforce a child arrangements order in the United Kingdom, you typically need to follow these steps:
- 1. Review the Child Arrangements Order: Ensure you have a valid child arrangements order issued by the court. This order specifies who the child should live with, spend time with, or have contact with.
- 2. Attempt to Resolve Informally: Before taking legal action, it’s often advisable to attempt to resolve any issues informally with the other party. This could involve communicating directly or through mediation services.
- 3. Consider Mediation: If communication with the other party has broken down, or if you’re struggling to reach an agreement, consider using family mediation services. Mediation can help facilitate discussions and potentially reach a resolution without going to court.
- File an Application with the Court (C79) : If informal methods and mediation do not resolve the issue, you may need to apply to the court to enforce the child arrangements order. This typically involves completing an application form and submitting it to the court along with any required documentation.
- 5. Attend Court Hearings: After filing the application, the court will schedule a hearing to consider the matter. Both parties will have the opportunity to present their case, and the court will make a decision based on the best interests of the child.
- 6. Enforcement Options: If the court finds that the child arrangements order has been breached, it has various enforcement options available, including:
- Issuing a warning notice.
- Varying the existing order.
- Making a community order.
- Imposing financial penalties.
- Ultimately, in serious cases, the court may consider enforcement measures such as a change of residence or contempt of court proceedings.
- 7. Follow Court Orders: Both parties are required to comply with any orders made by the court. If the other party continues to breach the order, you may need to return to court to seek further enforcement action.
All of the above can feel daunting, particularly having gone through the courts already but please know you do not have to do it alone. You can seek legal advice and instruct a solicitor to advise you and represent you. If this is not an option for you and you do not feel you can face the proceedings alone then please contact FLPS. We offer affordable, supportive, family law assistance. Contact us or email info@fl-ps.co.uk.