Breaching a Child Arrangements Order

Case Study: Mr C and Mrs C separated 11 months ago. There is one child of the relationship, namely Rudolph aged 7. There is a Child Arrangements Order (“CAO”) for Rudolph to live with Mrs C and spend time with Mr C 1 day a week and alternate weekends, however, for the last 10 months Rudolph has split his time equally between both parents. As December is a very busy time of the year for Mr C, he told Mrs C he will not be able to have the additional contact beyond the CAO this month. Mrs C did not react well and has now stopped all contact between Mr C and Rudolph. Mr C would like to know what his options are. 

A CAO is a legally binding Order of the Court, and it must be complied with. Regardless of the additional contact agreed between Mr and Mrs C, Mrs C must as a minimum ensure Rudolph is made available for contact in accordance with the terms of the CAO. A failure to do so will amount to a breach of the CAO. There are several ways the breach can be dealt with:

• Speak to Mrs C. Mr C may want to try speaking to Mrs C first to work out their issues. Alternatively, Mr C may wish to use a parenting app to discuss the arrangements for Rudolph as they can assist with keeping the focus on Rudolph and what is best for him.
• Mediation. This involves a neutral third party who will assist the parties to narrow down or resolve the issues. This is a voluntary process and Mrs C must be willing to engage.
• Application to the Court for enforcement of the CAO. If Mrs C is unwilling to resume contact with Rudolph, Mr C may have no option but to make an application to the court for enforcement of the CAO. Alternatively, Mr C may want to apply for a variation of the CAO and deal with the holiday arrangements separately from the term-time arrangements. 

If you would like advice on any of the issues raised in this article, please get in touch with our Family Department who will be able to assist.