Enforcing an Order

Enforcing an Order

What is an Enforcement Order?

If a situation arises whereby any party named on a Child Arrangement Order fails to comply with the Order, then an application can be made to enforce the Order. In order for this to happen, there must be a Warning Notice attached to the Order and the person whom the application is made against must have breached the order without a reasonable excuse.

Who can apply for the Order?

Any party who is named on the Order can apply against the other party who is not complying with the Order.

The Law

Enforcement Orders are dealt with under section 11J of the Children Act 1989. When deciding whether an enforcement order should be granted, it is important for the Court to ensure that such an order is both necessary and proportionate to the seriousness and frequency of the individual breaching the order.

The court has to be sure beyond reasonable doubt that the party in question has failed to comply with the order. The individual whom the application is made against has to show they had a reasonable excuse for not complying with the Order. 

Consequences of the Breach

If the Court is of the view that a breach has occurred without a reasonable excuse, then the court has the power to vary the current child arrangement Order, make an enforcement order or suspend an enforcement order, make an order for the party who has breached the order to pay compensation for financial loss, fine them or even impose a prison sentence.

How can Duncan Lewis Solicitors help you?

Duncan Lewis Solicitors can advise you in relation to Children Act Proceedings. Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law.  Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

How will the matter be funded?

Depending on the application, legal aid may be available and you can be assessed for this prior to the matter being taken on. Alternatively, a quote for a fixed fee or the hourly rates of a legal representative may also be provided. You will be advised of the funding arrangements prior to the proceedings commencing.

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.