Is it legal to ignore court ordered child arrangements?

 

With the school holidays fast approaching, separated parents will be busily planning when each will be spending time with their children. This can sometimes be a challenging process, where common ground can’t always be found, and where child arrangement orders are often used through the Family Court system.

In this, Is it legal to… we explore what they are and whether they can be challenged.

 

 

What is a child arrangements order?

 

A child arrangements order is a legally binding order obtained by attending the Family Court. This type of order could decide who your child lives with, when your child spends time with each parent and when and what other types of contact take place (Facetime, phone calls etc).

 

 

What if my child doesn’t want to see their other parent?

 

It is both parents’ responsibility to encourage the child to spend time with the other. If your child continues to refuse, you may be able to vary the order by applying to the court.

However, it is important to ensure you know why the child refuses to see their other parent, otherwise you could be subject to enforcement proceedings for not complying with the terms of the order. You should seek legal advice from a family lawyer to assist you in these circumstances.

 

 

What if I have concerns over my child’s welfare?

 

If there are serious welfare concerns, then you could decide not to follow the terms of the order. However, the other parent could apply to enforce the order which can have serious implications, so we would always advise that you seek advice from a family lawyer before making this decision. You may need to apply to vary the order yourself.

 

 

Can I face legal proceedings if I do not follow the terms of a child arrangements order?

 

There needs to be a very good reason not to follow the terms of a child arrangements order. You cannot go against it purely because you dislike the other parent, or you had a disagreement. You need to show that you have a serious reason for doing so.

 

How we can help

 

We know that family dynamics can be tricky to navigate, but our Family & Children Team can help steer you in the right direction. If you require any assistance, please do not hesitate to contact us on 01603 620508, or complete an online enquiry form.

 

This article was produced on the 17th July 2024 by our Family & Children team for information purposes only and should not be construed or relied upon as specific legal advice.