Steven Wade is a family law advisor (McKenzie Friend) with nearly 20 years of experience helping people represent themselves in court. Having been through the system personally and supported thousands of others since, he knows what it’s like to face the stress, confusion, and pressure of doing it alone. This blog shares practical insights that empower you to take control of your case — without the legal jargon or the hefty solicitor’s bill.
When can you breach a Child Arrangements Order?
Family Law Assistance
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When can someone breach a Child Arrangements Order?
Strictly speaking, the answer to the question `When can I breach a Child Arrangements Order’ is `never’.
Court orders are a serious business. The Family Courts act in the best interests of the children, so breaking the order is therefore acting against this. Doing so is contempt of court.
Of course, there are good reason when a court would agree with someone who breaks an order. Sometimes things happen. Sometimes there’s an emergency. Judges are reasonable people and understand that sometimes traffic jams happen, children get ill or there’s a genuine misunderstanding which throws a spanner in the works. So if one of the above happens from time to time a breach of a Child Arrangements Order isn’t going to raise an eyebrow.
Makes sense, right?
Stretching credibility
Children get ill as I say above. If the children get sick, say, every Tuesday afternoon when contact is due to take place repeatedly…well. It’s going to stretch the bounds of possibility isn’t it? If the children miss contact once…well – s**t happens. If it’s twice in a row or short period…maybe it’s pushing things but still – it’s not impossible. Here at Family Law Assistance we’ll generally assume 3 missed contacts in a short period being when the parent missing the contact should consider their options.
The same goes for the occasional traffic jam or cock up which is no one’s fault – not even the Romans.
If you’re the one asking `When can I breach a child arrangements court order?’ ask yourself if you think the court is going to consider your reason for doing so reasonable or not.
Serious reasons?
Sometimes however there is a very good reason to breach a child arrangements order. If you have serious concerns about the safety of the children with your ex, that’s a good reason to do so.
But.
If you’re going to do this, the correct way of doing things is to make an emergency application to the court asking for contact to be stopped. It’s worth speaking to the police, social services, etc. if you those serious concerns. Doing this sort of thing will mean you have a legal basis for stopping contact to protect your children.
This post is for informational purposes only and does not constitute legal advice.
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