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 contact Irrum Shah, Solicitor in our Family Law Department on 01295 204154, or by email at ishah@se-solicitors.co.uk
