Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what mechanisms are available in cases in which a Child Arrangements Order is not being complied with by one of the parties to the order.

Where there are concerns that a child arrangements order is not being complied with, parties may seek to resolve the issue by reaching agreement themselves, where it is safe and appropriate to do so. They may also use mediation or another form of alternative dispute resolution rather than returning to court. If agreement is reached, the parties may apply to the court to vary the existing order to reflect the agreement.

If agreement cannot be reached, an individual may apply to the court to have child arrangements order varied. This may include a more defined order, or a reconsideration of the child’s living or contact arrangements.  As part of such proceedings, the court may, for example, refer the parties to a form of alternative dispute resolution or to co-parenting programmes to help them try to resolve the issue. The court can vary an existing order or discharge it, and may make a new order in its place.

A party may also request that the court enforces a child arrangements order. The court has powers to make specific types of orders where a child arrangements order has been breached. If the court is satisfied that a person has failed, without reasonable excuse, to comply with a child arrangements order, it can make an enforcement or suspended enforcement order, imposing a requirement for the person to undertake unpaid work (sections 11J-11M Children Act 1989). The court must be satisfied that making the enforcement order is necessary to secure compliance with the child arrangements order. An order may also be made for compensation for financial loss under section 11O of the Children Act 1989 if one person’s breach of an order has caused financial loss to another person. Alternatively, the court has the powers to issue a fine or commit an individual to prison for being in contempt of court for breaching a child arrangements order.