Enforcement of Children Orders
Where a Child Arrangements Order has been breached, enforcement applications may be made.
The court may consider:
- Enforcement orders
- Variation
- Compensation for financial loss
Evidence is central.
What Enforcement Applications Involve
Enforcement applications arise where a parent or carer says that the other party has failed to comply with a Child Arrangements Order. The court may be asked to consider whether enforcement action is appropriate, what form it should take, and whether the order should be varied or supplemented. The court has a range of powers, including enforcement orders, unpaid work requirements, variation of the original order and compensation for financial loss. The appropriate remedy depends on the nature of the breach, the evidence available and the likely impact of enforcement on the child. The court will consider whether the breach was deliberate, whether there is a reasonable excuse, and what enforcement action would be proportionate and in the child's best interests.
These applications often require careful preparation of the chronology of breaches, the evidence of non-compliance and the practical impact on the child and the applicant. The court will usually need to understand what has happened, why it is said to amount to a breach, and what enforcement action is sought. Evidence is central. A clear and factual presentation assists the court in making the appropriate order.
When Representation May Be Needed
Representation may be needed where a parent is making an enforcement application, responding to one, or seeking urgent interim directions. It may also be required where there is dispute about whether a breach has occurred, where the parties disagree about the appropriate remedy, or where the enforcement application is linked to other proceedings such as a variation application or a fresh child arrangements application.
The approach taken is measured and evidence-based. Enforcement cases often turn on the detail of what has happened and the practical consequences of the proposed remedy. Proper preparation assists in identifying the real issues and presenting the case in a way that allows the court to make an informed decision. The court will consider the welfare of the child when deciding what enforcement action, if any, is appropriate. A clear chronology of breaches and their impact on the child and the applicant is usually essential.
Direct Access and Litigation
Instructions accepted under Public Access where suitable.
Acting Throughout England & Wales
Representation nationwide.