Navigating a Child Arrangement Order can be stressful, especially if circumstances make it difficult to follow. Understanding what counts as a reasonable excuse to breach a child arrangement order is essential to protect yourself and your child.
If you’re unsure of your rights or need guidance, contact our experienced child custody solicitors today for clear advice and practical support. Call Freeman Jones Solicitors on 01244 506 444 or email info@fjsolicitors.co.uk.
Understanding a Child Arrangement Order
A CAO is a legal directive in the UK that outlines:
- Where a child should live
- Who the child can have contact with
- The duration and conditions of this contact
These orders typically arise following relationship breakdowns, such as divorce or separation, when parents with parental responsibility cannot agree on child-related matters.
Consequences of Breaching a CAO
Failing to adhere to a CAO can lead to serious repercussions, including:
- Contempt of court charges
- Fines or imprisonment (up to 2 years)
- Seizure of assets
- Community service
Moreover, breaching a CAO can damage your credibility in future court proceedings, potentially influencing outcomes unfavourably.
What Is Considered a Reasonable Excuse?
Not all breaches are treated equally. Courts typically consider the following as reasonable excuses:
- Unforeseen Illness: If the child is too unwell to attend the arranged contact.
- Transport Issues: Unexpected car breakdowns or public transport delays.
- Emergency Situations: Sudden emergencies that prevent adherence to the arrangement.
However, frequent or intentional breaches without valid reasons may not be excused.
Steps to Take If You Can’t Follow the CAO
If circumstances prevent you from complying with the CAO:
- Communicate Promptly: Inform the other parent as soon as possible.
- Seek Mediation: Attempt to resolve the issue through a Mediation Information & Assessment Meeting (MIAM).
- Apply for a Variation: If necessary, apply to the court using the C100 Form to modify the existing order.
Legal Support for Breaching Child Arrangement Orders
If you’re facing challenges with a CAO or need legal advice, Freeman Jones Solicitors is here to help:
- Call us at 01244 506 444
- Email: info@fjsolicitors.co.uk
- Or use our online contact form to schedule a free, no-obligation 20-minute consultation with our Chester solicitors.
