When you and your ex-partner are going through a divorce, coming to an agreement on child arrangements is not always straightforward.
If you are unable find a solution through Alternative Dispute Resolution (ADR), a Child Arrangements Order (CAO) may be required.
A Child Arrangements Order (CAO) is a legal Order put in place by the Family Court that determines where your child should live and how much time to spend with each parent.
If your ex-partner breaches this Order, you must understand what steps you can take to protect your child’s welfare and your parental rights.
Our Head of the Family Department, Karen Bishop, explains what you should do if a breach occurs.
What is a CAO?
A CAO sets out how parental contact will take place and this contact can be face-to-face, overnight, supervised or indirect, such as phone or video calls.
Every CAO is based on the child’s individual circumstances and what the Court believes is in their best interests.
The contact agreement usually remains in force until the child turns 16 years old and the child’s living situation usually remains until they are 18 years old.
What counts as a breach of an agreement?
A breach occurs when one parent fails to comply with the obligations of the Order without a reasonable excuse.
Common examples include:
- Preventing the other parent from seeing the child during court-ordered contact
- Repeatedly cancelling or shortening contact
- Moving the child without consent or court permission
- Refusing to follow other specific terms of the Order
While minor or one-off issues may not result in court action, breaches that are repeated or deliberate are taken seriously.
It is important to keep a clear record of all breaches, including dates, times and any supporting messages or evidence, in case the situation needs to be taken further.
What happens if the Order is breached?
If your ex breaches a CAO, nothing will automatically happen straight away, as the Court does not actively monitor compliance once an Order has been made.
Action is only taken if you raise the issue and this is usually done by making an application to the Family Court for enforcement of the Order.
Once an enforcement application is made, the Court will look at whether the Order has been breached and if your ex had reasonable excuse for not complying.
If the breaches are deliberate or repeated, they will be treated much more seriously, especially when they affect the child’s welfare or your relationship with them.
If the Court believes the breach has occurred without reasonable excuse, they may order your ex to allow make-up contact time to compensate for the time missed with your child.
The Court can impose financial consequences or change the existing CAO if it is no longer working in the child’s best interests.
They may even impose fines or a prison sentence for contempt of court, but this is rare and only used when enforcement options have failed.
What are the first steps to take if there is a breach?
If it is safe to do so, you should try to resolve the issues directly with your ex, as misunderstandings can sometimes be resolved without court action.
Mediation may also help and is usually expected before making a court application, but you should seek legal advice when a breach has occurred.
We can help you gather evidence and advise on how to enforce your application so that you can protect your child early on.
To learn more about a Child Arrangement Order and how to enforce it, contact our Family Law team today.
