A Child Arrangements Order is an Order made by the Court stating where children will live and how and when they will spend time with each parent.
If the terms of the Order are not being met, an application may be made to the Court to enforce the Order.
When an application is made to the Court to enforce a Child Arrangements Order the case is listed for an initial hearing during which the Court will consider the reasons for non-compliance and whether Social Welfare agencies or Family Service Centres need to be involved. In this process, the Court will be guided what it thinks will be in the best interests of the children involved.
The Court is not necessarily interested in ‘punishing’ the party who is in breach of the order as their concern is always for the welfare of the child.
Having considered all these factors, the Court will decide whether there has been a breach of the Child Arrangements Order without reasonable excuse. Either way, the Court has a number of options it can use. It could, for example, refer the parents to mediation or may decide to change the order, including reconsidering contact or the living arrangements for the child.
The Court can issue a Contact Enforcement Order, impose fines or in extreme circumstances, impose a prison sentence.
Yeo Law can help you resolve any breaches of your Child Arrangements Order. We will advise you on your options and help you put forward your best case. Give us a call at 62203400 for a no-obligation discussion.