Court orders in family law are legally binding decisions issued by the court to regulate matters involving children, finances, and other family-related disputes. When a parent breaches a court order, it can lead to serious legal consequences. This article explores the orders that may be breached, how breaches are proven, the implications of a breach, potential justified reasons, and the legal remedies available.
What types of court order can be breached?
Parents involved in family disputes may be subject to different court orders. The most common orders that may be breached include:
- Child Arrangements Orders (CAO) – These orders set out where a child should live and when they should spend time with each parent.
- Prohibited Steps Orders (PSO) – These orders prevent a parent from taking specific actions, such as removing a child from the country without consent.
- Specific Issue Orders (SIO) – These orders resolve specific disputes, such as which school a child should attend.
- Non-Molestation Orders – Designed to protect individuals from harassment or harm, breaching this order is a criminal offence.
- Occupation Orders – Regulates who can live in the family home.
How do I prove a breach of a court order?
If one parent believes the other has breached a court order, they must provide evidence to support their claim. This may include:
- Witness statements from third parties
- Text messages, emails, or other forms of written communication
- Social media posts indicating non-compliance
- Police reports, if relevant
- Evidence of missed contact with the child or failure to adhere to arrangements
The burden of proof lies with the parent alleging the breach. The court will assess whether the breach was intentional, reasonable, or justified.
What are the implications of breaching a court order?
Breaching a court order is a serious matter and can result in various consequences, depending on the severity of the breach and its impact on the child.
- Warnings from the court – In minor cases, the court may issue a warning to the parent, reminding them of their legal obligations.
- Enforcement orders – The court may issue an enforcement order requiring the parent to comply with the original order.
- Fines – A financial penalty may be imposed to deter future breaches.
- Community service – The court may require the offending parent to complete unpaid work.
- Compensation orders – The breaching parent may be required to compensate the other parent for financial losses resulting from the breach.
- Imprisonment – In extreme cases, a parent may face a prison sentence for repeated or severe breaches.
- Variation of the order – The court may change the existing order if it determines that the arrangements are no longer suitable.
- Loss of contact rights – If a breach is deemed harmful to the child, the court may reduce or remove a parent’s contact rights. Although, in practice, this is extremely rare.
Are there any justifiable reasons for breaching a court order?
While court orders must generally be followed, there are some circumstances where a breach may be justified, such as:
- Child safety concerns – If a parent believes that compliance would put the child at risk of harm, they may refuse to follow the order. However, they should seek legal advice and apply for a variation rather than acting unilaterally.
- Medical emergencies – If the child has a medical emergency that prevents compliance, this may be considered a valid reason.
- Mutual agreement between parents – If both parents agree to a temporary change but do not formally amend the order, a court may take this into account.
- Unforeseen circumstances – Events such as severe weather, transport failures, or unexpected work commitments may justify a temporary deviation from the order.
What steps should be taken if a court order is breached?
If a parent believes the other party has breached a court order, they should take the following steps:
- Communicate with the other parent – If safe to do so, attempt to resolve the issue amicably
- Document the breach – Gather evidence to support the claim
- Seek legal advice – Consult a solicitor for guidance on the next steps
- Apply for enforcement – If the breach continues, an application can be made to the court to enforce the order
- Request a variation – If circumstances have changed, applying for a modification of the order may be appropriate
Additional considerations for enforcement proceedings
When bringing an enforcement action, the applicant must complete a C79 application form and submit it to the family court. The court will then assess the breach and may require a hearing where both parties present their arguments. It is essential for the applicant to be well-prepared with documented evidence to support their claims. If the court determines that a breach has occurred without reasonable excuse, it will decide on the most appropriate course of action, ranging from a formal warning to more severe sanctions as set out above such as fines or even imprisonment.
In some cases, the court may also refer parents to mediation before taking further action. Mediation can help parents reach an amicable resolution without escalating the matter into contentious legal proceedings. This is particularly useful when breaches arise because of misunderstandings or unforeseen difficulties.
The paramount consideration for any court dealing with a breach of a child arrangements order is the child’s welfare. The court will examine how the breach has affected the child and whether enforcing the order as it stands is in their best interests. If a breach occurs because of genuine concerns for the child’s safety, the court may order a new risk assessment or involve social services before deciding on the next steps.
Similarly, the court will consider the impact of enforcement measures on the child. For example, if one parent is facing financial hardship, imposing a fine may not be in the best interest of the child, as it could indirectly affect their well-being. The court always strives to balance enforcement with practicality and the overall welfare of the child.
As we have seen, breaching a court order can have serious consequences. Parents must ensure they understand and adhere to the terms set by the court. If complying with an order becomes difficult, seeking legal advice and applying for a variation is preferable to unilaterally breaching the order.
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