Is there a reasonable excuse to breach a Child Arrangement Order?

A child arrangement order, more commonly called a child arrangements order, is a legally binding Family Court order that sets out where a child lives, who they spend time with, and when contact takes place. This article explains what may amount to a breach of a child arrangements order, when there may be a reasonable excuse, and why legal advice should be taken before departing from the terms of an order.

A reasonable excuse to breach a Child Arrangements Order is generally related to a child’s welfare

A Child Arrangements Order sets out the terms for how parents will share care for their child. It’s a legally binding document and breaching it can have serious consequences.

• You may want to read What is a Child Arrangements Order.

However, life is unpredictable. There may be circumstances where breaching a Child Arrangements Order is unavoidable. In this scenario, for example the child is ill and so it unable to visit a non-resident parent, it’s expected that parents will take a pragmatic approach and accept an occasional and reasonable breach. If the child is never visiting the non-resident parent because the child is always ‘sick’ then it’s a possible cause to seek legal advice to help to enforce the Child Arrangements Order.

So, occasional unavoidable slips may be acceptable, within reason, but is there any other reasonable excuse to breach a Child Arrangements Order?

The simple answer is yes if there is a safeguarding issue, but even in this scenario, it may be better to apply to vary the Child Arrangements Order rather than wait until you are accused of breaching the Child Arrangements Order.

If you need advice and support regarding arrangements for your children post separation or divorce, please get in touch. We offer a fixed fee family law advice consultation to answer your initial questions.

What Constitutes a Breach?

A breach of a Child Arrangements Order occurs when one party fails to comply with the terms set out in the order. This could involve not allowing the child to spend time with the other parent as stipulated or making unilateral decisions about the child’s upbringing without consulting the other parent.

Reasonable Excuses for Breaching an Order

The concept of a ‘reasonable excuse’ for breaching a Child Arrangements Order is not explicitly defined in UK law. It is largely left to the discretion of the Court.

It’s important to note that the Court will always consider the child’s best interests when determining whether a breach was reasonable. If the breach resulted in harm or distress to the child, it’s unlikely that the Court will view an excuse as reasonable.

The family court will consider the entirety of the circumstances surrounding the breach. This includes the parents’ actions before and after the breach, as well as any attempts made to remedy the situation.

Examples of a reasonable excuse to breach a child arrangements order in the UK could include;

• The child’s safety is at risk (e.g. exposure to harm or neglect).
• The child refuses to comply with the order and expresses a strong desire not to follow it.
• A significant change in circumstances that affects the child’s welfare (e.g. a parent’s sudden illness).
• Emergency situations that require immediate action (e.g. medical emergencies).
• The need to protect the child from potential emotional distress or trauma.
• Situations involving domestic violence or abuse that necessitate a breach for safety.
• Changes in the child’s living arrangements that were not anticipated at the time of the Order.

If a Court is asked to intervene because of a breach, they will require evidence to support any claims made and they will consider the intent behind the breach. Wilful disregard for the Order is viewed more seriously than unintentional breaches.

Legal Consequences of Breaching an Order

Breaching a Child Arrangements Order can have serious legal repercussions. The court takes a breach very seriously and they have the power to impose severe penalties, including fines or even imprisonment in extreme cases.

However, it’s important to remember, the Court’s primary concern is always the welfare of the child. Any actions taken will be with this paramount consideration in mind.

Applying to Vary a Child Arrangements Order

When considering the potential implications of breaching a Child Arrangements Order it may be prudent to request to vary the order rather than to breach it.

This process involves a careful evaluation of the child’s needs and the ability of each parent to meet those needs.

The Court will only consider varying an order if there has been a significant change in circumstances since the order was made. This could include changes in the child’s living arrangements, the child’s wishes and feelings, or any risk of harm to the child. It’s important to consult with a child law solicitor to understand the implications of varying an order.

When Variation May Be Necessary

Variation of a Child Arrangements Order may be necessary for several reasons. These could include a change in the child’s needs, a change in the parent’s circumstances, or concerns about the child’s welfare. For example, if one parent plans to relocate, either within the UK or internationally, this could necessitate a variation of the Order.

It’s also important to note that the Court will always prioritise the child’s best interests. If the current Order is not serving the child’s welfare, the court may consider a variation. However, the parent seeking the variation must provide compelling evidence to support their case.

The Process of Varying an Order

To vary a Child Arrangements Order, you must apply to the Court using the appropriate C100 form. The Court will then schedule a hearing to consider the application. At the hearing, the Court will review the evidence presented and listen to the arguments from both parents.

The Court will then make a decision based on the child’s best interests. This could involve varying the order, dismissing the application, or making a different order. It’s vital to have a family law solicitor to guide you through this complex process and represent your interests effectively.

Potential Defences for Breaching a Child Arrangements Order

If you’re accused of breaching a Child Arrangements Order, it’s important to seek legal advice. A child law solicitor can help you understand your rights and potential defences.

One possible defence is that you didn’t understand the terms of the order. This could be due to unclear wording or a lack of legal advice at the time the Order was made.

Another defence could be that you were unable to comply with the Order due to circumstances beyond your control. This might include sudden illness or an unexpected change in your work schedule.

The Role of a Family Law Solicitor in Defending a Breach

A family law solicitor plays a crucial role in both bring a claim to court or defending against allegations of a Child Arrangements Order breach. They can provide you with expert legal advice and represent you in court.

Your solicitor can negotiate with the other party on your behalf. This can often lead to a resolution without the need for further court proceedings.

Mediation and Alternative Dispute Resolution

In many cases, the Court will encourage the parties to resolve their dispute through mediation. This involves a neutral third party helping the parties to reach an agreement. Mediation can be a less adversarial and more constructive way to resolve disputes over child arrangements orders.

Alternative dispute resolution methods, such as arbitration, can also be used. These methods can be quicker and less costly than court proceedings. However, they require the cooperation of both parties.

Enforcement and Modification of Orders

If the Court finds that a breach has occurred and no reasonable excuse has been provided, it may decide to enforce the order. This can involve imposing conditions on the party who breached the order, such as attending parenting classes or counselling.

The Court may also choose to modify the order. This could involve changing the terms of the order to make it more workable for both parties. However, any modifications must still be in the best interests of the child.

Seek Legal Advice for Child Arrangements Order Breaches

The key to dealing with a breach to a Child Arrangements Order is to understand your legal rights and obligations, and to act in the best interests of the child at all times. A family law solicitor can provide invaluable assistance in this regard, helping to ensure a fair outcome.

Frequently Asked Questions

What is a child arrangements order?

A child arrangement order, usually referred to as a child arrangements order, is a court order that sets out where a child lives, who they spend time with, and what other contact should take place. It is commonly used when parents cannot agree arrangements after separation. The order may deal with overnight stays, school holiday arrangements, handovers, indirect contact such as phone or video calls, and other practical arrangements for the child. Once made by the court, both parents must follow the terms of the order unless the order is changed by agreement or varied by the court.

What is a breach of a child arrangements order?

A breach of a child arrangements order happens when someone fails to follow the terms of the order without a reasonable excuse. This might include refusing contact, failing to return a child at the agreed time, or repeatedly changing arrangements without agreement. Not every difficulty will amount to a serious breach, especially where there is a genuine one-off problem. However, repeated breaches, deliberate obstruction, or ignoring the order can lead to enforcement proceedings and should be taken seriously.

What are reasonable excuses to breach a child arrangements order?

A reasonable excuse is a genuine reason why it was not possible, safe, or appropriate to comply with the order in the circumstances. Examples may include a child being seriously unwell, a medical emergency, safeguarding concerns, domestic abuse, or another unexpected event outside a parent’s control. The court will look closely at the evidence, the reasons for the breach, the parent’s conduct before and after the breach, and whether the decision was made in the child’s best interests. Where there are ongoing concerns about safety or welfare, it is usually better to apply to vary the child arrangements order rather than repeatedly depart from it.