Enforcing a Child Arrangement Order

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What can I do if the terms of my Child Arrangement Order are not being followed?

If you already have an existing Child Arrangement Order, but you feel that the terms of the order are frequently being breached or ignored, you can apply to have the existing order enforced.

Our experienced solicitors at Perduco Law will assist you with the process of making an application and enforcing its outcomes.

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What does the court take into account when considering making an Enforcement order?

The court’s primary consideration is the welfare of your child who is subject to the existing order.

Before making an enforcement order, the court must:

Be satisfied that the enforcement order is necessary to secure the person’s compliance with the existing order.
Be satisfied that the likely effect on the person of the proposed enforcement order is proportionate to the seriousness of the breach of the order.
Be satisfied that the person in breach who is ordered to undertake unpaid work can do so in the local area in which they reside.
Obtain and consider any information about the person in breach and the likely effect of the enforcement order upon them.

What will the court do if the application for Enforcement of the Child Arrangement Order is successful?

The court has the power to make an enforcement order imposing unpaid work upon the party in breach.

Can I receive compensation for financial loss caused by the other parties’ non-compliance with the Child Arrangement Order?

Although often hesitant to do so, the court may make an order requiring the party who is in breach of the order to pay you compensation for your financial loss if:

The other party has failed to comply with the existing order;
You have suffered reasonable financial loss because of the breach.

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Book your Case Discovery Meeting with one of our Child Law Solicitors

Call now to book your case discovery meeting. If we can help, we will arrange an appointment with one of our expert solicitors.

Discuss your issue with our Child Law Solicitors

During your case discovery meeting with a solicitor, they will assess your case and give you a comprehensive road map of your case and the potential outcomes.

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Questions about our Family Law Services

What is required for the court to enforce an existing Child Arrangement Order?

For the court to be able to enforce the existing Order, a warning notice must appear on the face of the Order.

This notice outlines the consequences of failing to comply with the Order.

In the event that the existing Order does not have a warning notice, a separate application for a warning notice will need to be made.

Why do you offer a fixed-fee service?

We offer a fixed-fee service to safeguard you from the mounting hourly fees that a traditional legal firm may surprise you with. We also believe it promotes a transparent relationship between our team and you, the client.

What will my caseworker do on my behalf?

Your dedicated caseworker does all the legal legwork for the full duration of your case. We will keep you informed of any changes and advise you on the next steps to ensure there are no surprises.

When will the court make an enforcement order?

The court will make an enforcement order if satisfied beyond reasonable doubt that a person has failed to comply with the existing Child Arrangement Order.

The court will not make an enforcement order if it is satisfied that a person has a reasonable excuse for failing to comply with the provision of the Order.

When can I apply to enforce my child arrangement order?

You can apply to enforce your Child Arrangement Order if you are an individual named within the order.

The following criteria must also apply:

A Warning Notice must be attached to the order

Your Child Arrangement Order must already contain a ‘Warning Notice’. This sets out the consequences of failing to comply with the order.

An enforcement order can only be made by the court if the existing order contains the warning notice.

Non-compliance with the Child Arrangement Order

Secondly, the individual named in the order has to have broken – or not adhered to – the Child Arrangement Order without a reasonable excuse.

If the criteria are met

If the above criteria are met then you – or a solicitor acting on your behalf – can apply to the court to enforce the terms of the Child Arrangements Order. In your application you will need to explain the nature and the timing of any breach of the order.

Perduco Law can help you to enforce your Child Arrangement Order; we are ready to assist you in each of the stages described here.

Questions about our Child Law Services

Why choose Perduco Law Solicitors?

We charge a fixed fee for our service. That means you know exactly what you’re going to pay before starting the process, regardless of how long it lasts. Furthermore, we are a firm of regulated solicitors (regulated by the Solicitors Regulation Authority) meaning there are more protections for you as our client.