Enforcing a Child Arrangements Order

The recent decision of AA (Mother) v XX (Father) provides an example of the approach the family court can take when one party breaches a Child Arrangements Order. 

Background and decision of the Court

In this case, the mother made an application for committal against the father for breaching Court Orders relating to their 11 year old daughter. The father was given copious opportunities to comply with the Order, but ultimately, he showed contempt for the Court and their processes after 9 separate breaches were found.

The Court considered that the only way to make the father appreciate the seriousness of the matter, and to comply with the Order, was to make an immediate order of imprisonment. The father was subjected to a six-month sentence. 

The Court’s approach to enforcement and imprisonment for contempt of court

It is important to note that imprisonment is not always regarded as the automatic consequence for the breach of a Court Order. When there is a first breach, the Court will usually consider another course of action, such as making no order, or potentially not do anything aside from warn the party not to breach again, a fine or order a requisition of the party’s assets.

However, this does not mean that the Court cannot order imprisonment. A prison sentence can be ordered for two reasons. First, if there is a history of repeated breaches, meaning that a sentence is the only hope of forcing the party to comply with an Order. Second, the Court can order a prison sentence for deliberate and complete breaches.

If you would like advice on any of the issues raised in this article, please get in touch via our contact page or contact Monicka Rai directly here.