![]() Time limits apply, however, so if this is something that you are considering prompt advice is key. If you feel that a court order needs to be revisited or overturned, it may be possible to appeal, set aside, or to obtain a stay of an order under certain circumstances. If you find that your circumstances change, and that you have difficulty complying with the original child arrangements order, you may be able to ask the court to vary the order – but they will only do this if they consider it to be in the child’s best interests. Is it possible to get a court order changed or overturned? The court will look at any mitigating factors when deciding how to proceed – it may be that the original order needs to be revisited. ![]() For example, ill health, or a change in your financial circumstances may make it difficult, or impossible to fully meet the terms as specified. There may be some circumstances that make it difficult to adhere to the terms of the order, and these should be given careful consideration. No two cases are the same, and it’s important that a breach of contact order is assessed by a skilled legal professional. Is there any defence for breaching a child custody order? We would always recommend that you take legal advice in these circumstances, and if at all possible, before any breach occurs. send you to prison – although this is not usually the case unless the breach is repeated or serious.potentially vary or change the order (for example if one parent is refusing to allow the other to have contact with their child, the court may intervene and may even change where the child lives).require you to undertake between 40 and 200 hours of unpaid work.make an enforcement order, or a suspended enforcement order.impose an order for compensation, and/or a fine.Where you can be shown to have breached a court order, the court can: There is a warning notice on court orders that sets out the possible consequences of not complying with the order. whether you and your ex-partner would benefit from a separated parents information programme, or if dispute resolution could be an option.whether an enforcement order may be appropriate.whether there are any risks of making further orders.whether the breach has occurred, and whether it is necessary to hold a hearing to establish the facts. ![]() The court will then consider a number of factors, including: However, they may choose to take you to court in order to enforce the order. Depending on the circumstances, they may attempt to resolve the issues with you, either informally or formally with the help of a mediator. If you breach the terms of your custody order, your ex-partner may choose to take legal action to enforce those terms. What will happen if I breach a custody order? If you breach any of the terms, you are in contempt of court which could mean having to pay a fine, face further enforcement orders and you can potentially even be sent to prison. Orders set out by the court in relation to children usually last until the child is 16 (or in exception circumstances, 18), and are legally binding. They may also issue a specific issue or prohibited steps order, which can relate to where the child lives, is educated, and may prohibit certain actions, such as changing the child’s surname, taking them out of the country, or undergoing medical treatment. When separating parents cannot agree on how arrangements should be made relating to their children, the court can issue an order setting out any arrangements and the responsibilities of both parents. A child arrangements order has replaced contact and residence orders, which were used to decide where a child should live and the rights to contact for the non-resident parent. Speak to us today for an initial consultation – one of our experts will talk through your case and can help to establish an appropriate course of action. If you have breached a child custody order, or you have been given notice that your partner intends to take action against you for breaking the terms of a court order, you will need to take expert legal advice as soon as possible.Īt Clifford Johnston & Co, we have many years of experience of working with clients facing contempt of court charges, and we are well placed to help you. ![]() The process of agreeing the terms can be challenging, but once agreed they are legally binding, and to fail to comply with them would put you in contempt of court, which carries serious penalties, which potentially include fines or even a custodial sentence. Following the breakdown of a relationship, court orders are often put in place to ensure that a parent meets certain obligations to their children.
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