When you apply for a child arrangement order, specific issue order or prohibited steps order it is normally a massive relief to get the order from the court. Whether it is an interim order or a final order you probably think that the order gives you a degree of certainty over the parenting arrangements for your child. When the other parent breaches the order, you may not know where to turn or what to do.
Should you put up with the breach of a children court order? What are your options?
Family law solicitor, Angelique Holm, is an expert in children law and can answer all your questions on your best options if there is a breach of a children court order or if you are accused of breaching an order.
For children and family law advice call Angelique Holm on 0203 488 8620 or email
[email protected] or visit our website Hopeholm Family Law.
What is a breach of a children law order?
A breach of a children law order can take many forms. It could occur during proceedings for a child arrangement order, specific issue order or prohibited steps order after the court has made an interim order pending the final hearing of the court application. Alternatively, the breach could take place shortly after the final order is made or many years later.
Here are some examples of breaches of children law orders:
- Not returning a child after a contact visit although there is an order that says the child should reside with the other parent
- Not turning up for contact visits even though the court clearly ordered that contact should take place on a set day or at set times each week
- Refusing to comply with an interim contact order and to allow the child to see the other parent under an interim child arrangement order. This could be down to parental alienation but the refusal to allow contact to go ahead could be presented as excuses, such as the child is unwell or does not want to go on a contact visit or there is a special family event planned
- Turning up at school or nursery when an order has been made to prohibit this
- Taking a child out of the UK before a final decision has been made on a relocation order application
- Not returning to the UK in compliance with a holiday order that only permits the child to go on holiday abroad for 2 weeks rather than for all the summer holidays
- Talking to the child about their other parent in a derogatory manner or not complying with the child’s dietary requirements (such as allergy food issues) despite the contact in the child arrangement order being made conditional on the parent complying with specific conditions
What should you do about a breach of a children law order?
The best thing to do about a breach of a children law order is to take specialist legal advice as soon as the breach occurs. A family law solicitor may tell you that you need to apply back to court straight away or do nothing other than keep a record of the breach.
For example, if your ex-partner is applying for a child arrangement order and the court has made an interim contact order allowing contact every Saturday from 10 am to 4 pm but your ex-partner has not turned up for contact and has not provided an explanation. You need to keep a record of this and any late collections or returns but it may be in your interests to allow a pattern to develop to show the court at the final hearing that your ex-partner is not reliable so the contact arrangements should not continue or should not be extended further.
Every family situation and breach of a court order is different and needs to be assessed carefully. There are many scenarios where it is important to act quickly. For example, if your ex-partner keeps saying your child is unwell or has other activities planned you may need an urgent court hearing to consider the breach of the contact order. That’s because if a status quo of no contact develops it could be used against you later on by saying that it would now be too upsetting to resume contact. Context is important as if the child is genuinely ill or if the parent is offering to switch contact visits to a different day so the child can go to their activity and have a contact visit you may want to hold off on enforcement action.
Action in case there is a breach of a children court order
Here are some key action points if you have the benefit of a children court order but it is being breached by the other parent:
- Don’t assume there is nothing to be done. Talk to Hopeholm Family Law about your options. We may be able to secure an urgent court hearing over the breach of the children law order. The court could warn the other parent about the consequences of continued breaches of the order or impose more stringent conditions on the parent and the arrangements or even say that if the order continues to be breached the residence arrangements could be changed
- Keep a record of any breaches and the other parent’s response. This could be on your phone or on a note pad but make sure you have the dates and details
- Don’t respond with what could be perceived to be threats or abuse if the other parent breaches the court order. Your response is likely to be seen in court and you will do yourself no favours if you send a text swearing at your ex or threatening to stop child support etc. If you know that you can’t write a neutrally worded text, email or social media message then get your family law solicitor to write a letter for you. Sometimes a calm and professionally worded solicitor’s letter will make the other parent realise the consequences of continuing to breach the court order and rethink what they are doing
If you are a parent who is thinking about not complying with a children court order it is equally important that you take legal advice before you breach the court order. The court can act and make orders against you if you ignore the original court order. Your best option may be to make an urgent court application to vary the order if it is not meeting your child’s needs or placing the child at risk. Talking to a family law solicitor will provide you with the measured advice you need before perhaps making a decision you later regret.
For advice on child arrangement orders and resolving family law disputes advice call Angelique Holm on 0203 488 8620 or email [email protected] or visit our website Hopeholm Family Law.