Enforcing a Child Arrangement Order Solicitors
Our expert solicitors specialise in child law and family resolutions. We work tirelessly to find a positive outcome for you and your family.
Get expert family law advice
Fixed-fee service with no hidden charges
Save £1000s in comparison to traditional firms that charge hourly rates
Book a One hour Case Assessment
For a quick confidential chat, call our team on:
Please note that we cannot offer Legal aid.
Enforcing a Child Arrangement Order
Enforce your Child Arrangement Order, and ensure that the terms of your separation are followed by all parties.
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. Perduco Law will assist you with the process of making an application and enforcing its outcomes.
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
Firstly, you can apply to enforce your Child Arrangements Order if
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 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.
How will the Court decide?
Enforcement orders are dealt with under Section 11J of the Childrens Act (1989).
The court must first be satisfied that the seriousness or the frequency of breaches makes enforcement a requirement.
Significantly, the burden of proof is on the individual failing to comply with the Child Arrangements Order. They must show that they made reasonable efforts to comply with the initial Child Arrangement Order. Where breaches have occurred, they must demonstrate appropriate mitigating circumstances.
In making their judgement, the court will consider the following criteria:
- Reason(s) for the noncompliance;
- The effect of noncompliance on the child/children concerned;
- The welfare checklist, including the best interests of the child/children involved;
- Whether advice from CAFCASS is required for moving forward;
- If the parents should attend a Separated Parents Information Programme, or Dispute Resolution Program;
- Whether an enforcement order is suitable to the circumstances of the case.
An individual who fails to follow a Child Arrangements Order may be held in contempt of court. This can carry serious consequences, including: variation of the current Child Arrangements Order; an Enforcement Order or a Suspended Enforcement Order; an order for compensation for financial loss; a fine; or in extreme circumstances a prison sentence.
Fixed-fee child law services from expert solicitors
Our children’s law work is carried out on a fixed fee that ensures you understand the budget of your case from the very beginning.
It also means you know exactly what you’re going to pay before starting the process, regardless of how long it lasts.
Need an Expert Child Law Solicitor?
Our team of solicitors provide straightforward, expert children’s law advice.
We strive to raise the standards of the legal assistance provided to people like you.
What family law issues can we help you with?
Our family law solicitors can assist you with a range of legal issues.
We can help you with child arrangement orders (and enforcement applications), orders for disclosure of child’s whereabouts, parental alienation cases, grandparents rights, and many other.
When your case involves your children and the people you care about the most, you need to know that your legal team is managing your circumstances with the appropriate levels of care and attention.
Our team at Perduco Law specialise in children’s law and family resolutions and understand all aspects of the family court system. Our people speak to you, not at you and are on hand to give the advice you need, when you need it. We’re here to offer you a fixed-fee, practical, and personalised advice service to support you and your family from the beginning to end of your journey.
Why choose Perduco Law?
We understand all aspects of the family court system. Our people speak to you, not at you and are on hand to give the advice you need, when you need it.
We’re here to offer you an affordable, practical, and personalised advice service to support you and your family from the beginning to end of your journey.
Our ethos is simple: to give you what you need, in plain English, at an affordable price. We will be your guide through the entire legal process to the best possible outcome. Call us now or fill on our contact form and we will call you right back.
Questions about our Family Law Services
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) which means there are more protections for you as our client.
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.
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.
A judge would normally look at the wishes and feelings of the child concerned – in relation to their age, physical, and emotional needs – and how capable each parent or guardian may be in providing the necessary care and attention required.
Each case is different, however as a grandparent you do not automatically receive the same rights as a parent. Our team of family law experts in Perudco Law can assist you protect and exercise your rights as a Grandparent, whatever your situation. Learn more about Grandparents Child Arrangement Orders.