Enforcing, changing and challenging child arrangements orders

A child arrangements order sets out where a child lives and how they spend time with each parent. Sometimes an order isn’t followed, or the arrangements stop working as children grow up and circumstances change. Rushton Family Law advises parents on what can be done, whether you are bringing an application or responding to one.

Enforcing, changing and challenging child arrangements orders at a glance

  • If a child arrangements order isn’t being followed, the court can take steps to enforce it.
  • Enforcement can include unpaid work, compensation for financial losses, or a change to the arrangements.
  • Either parent can ask the court to vary an order that no longer works for the children.
  • Appeals have strict time limits and usually need permission, so act quickly.
  • The court’s paramount consideration is always the child’s welfare.


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Specialist Divorce and Family Lawyers

Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.

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When it really matters


Getting advice on a child arrangements order

We start by reviewing the order and what has happened since it was made. That means what the order says, how it has worked in practice, and what has changed. From there, we will advise you on whether the matter can be resolved by agreement and, if not, which application is right.

Enforcing a child arrangements order

If the other parent isn’t complying with an order, for example by repeatedly cancelling time with the children or not returning them as agreed, the court can take steps to enforce it. These can include an order to carry out unpaid work, compensation for financial losses such as wasted travel costs, and in some cases a change to the arrangements themselves. The court will consider whether there was a reasonable excuse for not complying, and what is in the child’s best interests.

Varying a child arrangements order

Arrangements that suited a young child may not suit a teenager. If a move, a change in work patterns or the children’s own wishes mean the order no longer works, either parent can ask the court to vary it. Where possible, we will try to agree the changes first, and if agreed, they can be recorded by consent.

Appealing a child arrangements order

If you believe the court got the decision wrong, it may be possible to appeal. Appeals are subject to strict time limits, and permission is usually required, so it is important to take advice quickly.

Our Team

Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.

Amie Pine

Partner - Divorce & Family

Emma Shortland

Associate

Ella Perry

Assistant Solicitor

Samantha Patel

Legal Support Assistant

Reviews and testimonials

Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead

The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.

Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!

I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.

From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.

Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.

Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.

Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.

Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.

She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.

Nicola and the team are the best support you could ask for at the most difficult of times.

As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.

I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.

FAQs

Can my ex move away with our children?

Within the UK, a parent can generally move with the children unless a court order prevents it, though you can apply to court to stop the move. To move abroad, they need the consent of everyone with parental responsibility or the court’s permission.

What is Cafcass, and what does it do?

Cafcass is the Children and Family Court Advisory and Support Service, which represents children’s interests in family court cases in England. It carries out safeguarding checks and, where needed, prepares reports on the children’s welfare and wishes. In Wales, the same role is carried out by Cafcass Cymru.

What rights do fathers have after separation?

A father with parental responsibility has the same say as the mother in major decisions about the child. There’s no automatic right to equal time, but the court starts from the position that a child benefits from both parents being involved, unless that would put the child at risk.

What rights do mothers have after separation?

A mother automatically has parental responsibility, giving her a say in all major decisions about her child. After separation, she has the same standing as a father who also has parental responsibility, and neither parent is automatically favoured.

How we work

An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.

Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.

A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.

Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.

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