What happens if you breach a Child Arrangements Order?

A Child Arrangements Order sets out how parents maintain contact after separation or divorce. But what happens if you can't (or don't) stick to it?

Child Arrangements Orders (CAOs) are created to help parents manage their children's schedules so both parents get to see the children. Parents generally get a CAO because they cannot agree among themselves how to split their child's time with each parent.

Before getting a CAO, the court will require you attend mediation to see if you can agree before heading to court.

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What exactly is a Child Arrangements Order?

A Child Arrangements Order (CAO) is a court order that determines the child's living arrangements and contact as well as other aspects of a child's upbringing.

According to the government, CAO will set out:

• where your child lives
• when your child spends time with each parent
• when and what other types of contact take place (phone calls, for example)

Child Arrangements Orders replace Residence Orders and Contact orders, but parents who ahve those in place do not need to re-apply, the government says.

What happens if I don't follow a Child Arrangements Order?

Because a CAO is court-mandated, you're required to follow it. If you don't, you could find yourself falling foul to both practical AND legal repercussions.

1. Legal Consequences – If you break CAO arrangements, the court can take several actions:
   a. Enforcement Order: The court may issue an enforcement order, which may require you to comply with the order. This order can contain penalties or conditions for compliance. Read about one mum on Netmums who received community service for not following the CAO.
   b. Fines and Compensation – The court can impose fines on the person who breaches the order. Not only that, the court can order compensation for financial losses or emotional distress caused by the breach. Your ex can claim it caused them distress and loss of income and you could be liable!
   c. Variation of the Order – If there is a pattern of serious breaches or if the court considers it necessary, they may change the existing Child Arrangements Order.
   d. Contempt of Court: Repeated or serious breaches of a court order can be treated as contempt of court. This may result in the person being fined, imprisoned, or both. Yikes!
2. Strained relationship with your child – By not following a child arrangement order, you could be setting yourself for difficulty with your child. Children like predictable schedules. He or she may feel confused and emotional, worry about breaking the arrangements, miss the other parent and be unsettled by the inconsistency of the arrangements, especially if it affects where they are sleeping.
3. Make co-parenting more difficult – Breaching a court order can damage the trust between you and your ex. That could mean it's harder to reach decisions together in the future, make them less inclined to be flexible when schedules change or you need some leeway.

But what if I'm unable to follow a child arrangement order?

If you're finding it difficult to stick to the terms of your CAO – perhaps because your job has changed or you're struggling to cover the cost of travel to deliver the child – it's important to address it.

You can change the circumstance of contact with your child's other parent. And you don't necessarily need to legally change the CAO if the two of you can agree on a new schedule. However, the new arrangements WON'T be legally binding (and can't be enforced) unless you have the Child Arrangements Order changed.

How do you change a Child Arrangements Order?

If you want to change the specific terms of a CAO, you have 2 options:

• If you both agree, you can create a draft consent order and ask the court to approve it
• If you don't agree, you can ask the court to change (or vary) the existing Child Arrangements Order. However, keep in mind it might now change it how you want

Consulting with a family law solicitor will help you understand the specific legal options available to you and navigate the process effectively.

How to enforce a Child Arrangements Order?

If your partner is the one who has breached the order, try to speak with them first about renewing the conditions. It can also be helpful to learn what the next steps are to enforce the order.

1. You can fill out a form C79 to request the court enforces the order
2. If your agreement was made before 8 December 2008, you can fill out form C78, for a warning notice
3. Send it to the nearest court that deals with cases involving children. It will cost £232 to file.

You can even file a form C100 to end the order if it no longer suits your child's needs.

Get more advice on divorce, separation and children in our Relationships section.

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