What happens if a parent refuses to follow a Child Arrangements Order?

A Child Arrangements Order (CAO) is a legally binding court order that sets out where a child will live, how much time they will spend with each parent, and how contact should take place. However, issues can arise if one parent refuses to follow the order, causing distress for both the other parent and, most importantly, the child.

If you are facing this situation, it is important to manage it in a way that prioritises your child’s well-being while also protecting your legal rights.

Taking a Child-Focused Approach to Child Arrangements Orders

When a parent breaches a Child Arrangements Order, frustration and conflict can escalate quickly. However, it’s crucial to handle the situation in a way that minimises stress for your child. Here’s how:

1. Stay Calm and Focus on Your Child’s Needs:

• Your child may feel caught in the middle of the dispute. Avoid speaking negatively about the other parent in front of them.
• Try to reassure your child that both parents love them and will work to resolve any issues.

2. Open Communication with the Other Parent:

• If it is safe to do so, speak to the other parent calmly to understand why they are not complying with the order. There may be practical reasons, such as scheduling conflicts or misunderstandings.
• If direct communication is difficult, consider using a parenting app or email to keep discussions focused on the child.

3. Mediation and Alternative Dispute Resolution:  

• Mediation can help both parents find a solution without returning to court. A trained mediator can assist in resolving disagreements in a way that prioritises the child’s best interests.
• If mediation is not suitable (for example, in cases of domestic abuse), legal intervention may be necessary.

Legal Steps If the Order Is Not Being Followed

If informal discussions and mediation do not resolve the issue, you may need to take legal action. Steps include:

Keep Records of Missed Contact:  

• Document each time the order is not followed, including dates, times, and any communication with the other parent.
• If your child is expressing distress, keep notes on their feelings (without questioning them in a way that could be seen as leading).

Apply to the Court to Enforce the Order: if breaches continue, you can apply to the Family Court for enforcement. The court can:  

1. Issue a Warning Notice to remind the parent of their legal obligation.
2. Order Make-Up Contact to compensate for lost time with the child.
3. Impose Fines or Community Service if non-compliance persists.
4. Vary the Order if the court believes a different arrangement would be in the child’s best interests.

Consider Whether the Order Needs Adjusting:  

• If there are valid reasons why the order is not working, you can apply for a variation.
• A new arrangement may help avoid further conflict and ensure the child’s needs are met.

When Non-Compliance Is Due to Safety Concerns: 

• If a parent refuses to follow the order because they believe the child is at risk, they should apply to court for a variation rather than acting unilaterally. If you are concerned about your child’s safety, seek urgent legal advice.

This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.  Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.

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