Once the Court has made a Child Arrangements Order determining who your children live with, how often, and for how long they spend time with the other parent, this must be followed until the children are 16 years old.

If you wish to alter the arrangements, then this can be done by agreement between yourself and the other parent. However, there may be times when one parent will breach the terms of the Order without the agreement of the other parent. It's important that you know what to do in this situation.

Firstly, if you are able to, then you should try and discuss the breach with the other parent. Try to determine why it has occurred and to ensure that further breaches do not occur. If this is not possible and there are continued breaches, then you should seek advice from a solicitor. For continued breaches you are able to refer the matter to Court to enforce the Child Arrangements Order.

Consequences

If enforcement proceedings become necessary, the Court will ask the parent who is in breach to explain the reasons for the breach. Unless the breach has occurred due to safeguarding concerns for the children, the Court will usually warn the parent that they must follow the terms of the Child Arrangements Order and failure to do so will lead to consequences being imposed. The consequences can include varying the Child Arrangements Order or imposing sanctions on the parent in breach such as a fine, unpaid work or prison.

If you are considering breaching a Child Arrangements Order as you are concerned about the safety of your children, you should seek legal advice prior to doing this and return the matter back to Court yourself to vary the current Order.

Whether you're considering breaching a Child Arrangements Order, or your child's other parent has breached an order, get in touch with our specialist Children and Family Law Solicitors in Rochdale on 01706 644187.