7 Ways to Handle an Ex Who Is Breaching Child Arrangements Orders

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The aftermath of a separation or divorce can be emotionally taxing, especially when children are involved. Ensuring the well-being and stability of your children in such cases can become a top priority. A crucial aspect of this process is establishing and adhering to a Child Arrangements Order (CAO). 

However, situations may arise where an ex-partner does not comply with the terms set out by the CAO, leading to stress and uncertainty. Hence, it becomes crucial that you know how to handle such breaches effectively, ensuring the best interests of your children remain at the forefront.

What is a child custody arrangement (CAO)?

A child arrangements order is a legal decree issued by a court that outlines who is responsible for the care of a child. This may include with whom the child will live, spend time, or otherwise have contact with. 

The CAO is designed to ensure that the child’s needs and welfare are prioritized following a separation or divorce. It covers aspects such as living arrangements, child visitation schedule, and decision-making responsibilities regarding the child’s upbringing.

What is the duration of a child arrangements order?

Typically, a CAO remains in effect until the child reaches the age of 18 unless the court specifies otherwise. The order is flexible enough to accommodate the changing needs and circumstances of the child over time.

However, any modifications to the original agreement should ideally be made with the child’s best interests in mind. When parents consider adjustments to their CAO, engaging in child custody mediation can effectively ensure that any changes reflect what is most beneficial for the child.

If we agree to change the CAO arrangements, what will happen?

If both parties agree to alter the arrangements outlined in a CAO, these changes can be implemented without needing to return to court. 

It’s highly recommended, however, to document any agreed-upon modifications in writing. This documentation can take the form of updated co-parenting agreements, which clearly outline the new terms and responsibilities each parent has agreed to.

Documentation can serve as evidence of the agreement should any disputes arise in the future. For significant changes, or if there’s any disagreement, consulting with a legal professional and potentially seeking a formal modification through the court is advisable.

5 instances where a CAO may need to be varied

Changes in life circumstances can sometimes necessitate varying a child arrangements order (CAO) to ensure it continues to serve the best interests of the child involved. Here are 5 instances where a CAO might need to be varied:

1. Change in living arrangements

If one parent moves to a new location, especially if it’s far enough to disrupt the current schedule, adjusting the CAO may be necessary to maintain a stable environment for the child. 

It might involve reassessing living arrangements, visitation schedules, and transportation responsibilities to ensure the child can have a meaningful relationship with both parents despite the distance.

2. Alteration in work schedules

Changes in a parent’s work commitments, such as shift changes, job relocation, or a new career, can significantly impact the feasibility of the existing child arrangements order. 

In such cases, the CAO may need to be varied to accommodate these new circumstances, ensuring that the child continues to spend quality time with both parents. This might include reevaluating the distribution of weekdays, weekends, and holiday periods to adapt to the new work schedules.

3. Introduction of new siblings

The arrival of new siblings can significantly change the family dynamic and may necessitate adjustments to the CAO. This might include reassessing living arrangements, financial responsibilities, and how time is spent to ensure all children can develop strong familial bonds. 

In such scenarios, variations to the child arrangements order can help in redistributing parental responsibilities and time to accommodate the needs of all children involved.

4. Educational or health needs of the child

If a child’s educational or health requirements change, such as needing to attend a special school or undergoing regular medical treatment, the CAO may need to be varied. This could involve adjustments to living arrangements, daily routines, and how parents share responsibilities. 

Incorporating parenting plans that specifically address these changes can ensure the child’s educational and health needs are met without unnecessary disruption.

5. Evolution in the child’s or parent’s relationship

Over time, the relationship between the child and each parent, or the dynamic between the parents themselves, may evolve, necessitating a reevaluation of the CAO. This might include changes to shared parenting arrangements to reflect better the current state of relationships and what is in the child’s best interest. 

Adjustments could aim to enhance the quality of time spent with each parent or address any issues that have arisen since the original order was made.

7 possible things that can happen if your ex breaches your CAO

When an ex-partner breaches a child arrangements order, it can lead to a range of outcomes, each varying in severity and impact on both the child and the co-parenting relationship. Here are 7 possible consequences and steps that might be taken:

1. Direct communication

The initial step is often to directly communicate with the ex-partner to understand why the breach occurred. This approach seeks to resolve the issue amicably, focusing on the child’s best interests. 

It’s essential to approach this conversation with an open mind, aiming to understand any underlying issues that may have contributed to the breach and seeking a solution that supports the child’s needs and welfare.

2. Mediation services

Mediation can be a valuable next step if direct communication does not lead to a resolution. A neutral third party can help facilitate discussions between both parents, aiming to reach an agreement on how to move forward and prevent future breaches. 

Mediation focuses on creating a constructive environment where both parties can express their concerns and work together to develop a mutually acceptable solution.

3. Modification of the CAO

In some cases, the breach may highlight the need for changes to the existing CAO. This could involve adjusting visitation schedules, living arrangements, or other aspects of the order to fit the current circumstances better. 

Requesting a modification through legal channels can provide a structured way to address changes in the child’s or parents’ lives that necessitate an update to the order.

4. Legal advice

Seeking advice from a legal professional can provide clarity on the options available and the best course of action following a breach.

A lawyer specializing in family law can offer guidance based on the situation’s specifics and the nature of the breach, including the potential for legal remedies or the process for enforcing the CAO.

5. Enforcement application

If the breach is serious or ongoing, filing an enforcement application with the court may be necessary. This legal step requests that the court enforce the terms of the CAO, potentially leading to legal consequences for the ex-partner who is in breach. 

The court will consider the circumstances of the breach and may impose measures to ensure compliance with the order.

6. Court-ordered penalties

Depending on the severity and nature of the breach, the court has the authority to impose penalties on the parent who has violated the CAO. 

These penalties can range from fines to community service or, in extreme cases, changes to custody arrangements. The primary aim of any penalty is to emphasize the importance of adhering to the CAO for the child’s benefit.

Watch this TED Talk where Herve G Wery explains how you can continue loving your child amidst the separation and divorce:

7. Counseling or parenting classes

In some situations, the court may recommend or require counseling or parenting classes for the parent in breach. 

Such an approach is taken with the intention of addressing underlying issues that contributed to the breach, such as communication problems or misunderstandings about parental responsibilities. The goal is to improve the parenting relationship and ensure that future breaches are avoided.

FAQs

When it comes to co-parenting post-separation or divorce, it’s natural to have concerns about your rights, your child’s well-being, and how to maintain a healthy relationship with your child when they’re not in your care. 

Below are answers to some frequently asked questions that might arise in these situations.

• Can keeping a child away from the other parent backfire if there’s no court order?

Keeping a child away from the other parent without a court order can backfire, leading to legal repercussions or a court-mandated change in custody arrangements. 

It can also damage the child’s relationship with parents and impact their emotional well-being. It’s essential to prioritize the child’s best interest and seek legal advice if disputes arise.

• What is the malicious parent syndrome?

Malicious parent syndrome refers to a pattern of behavior by a divorced or separated parent characterized by attempts to punish the other parent, often at the expense of their child’s well-being. 

It can include lying to the child about the other parent, limiting contact, or making false accusations. It’s a harmful behavior that can have long-lasting effects on the child.

• What to do when your ex takes your child?

If your ex takes your child and it contradicts your legal rights or existing custody arrangements, it’s crucial to document the incident and contact a legal professional immediately. 

They can guide you on the appropriate steps, which may include contacting law enforcement or filing for an emergency custody order to ensure your child’s safe return.

• How many times should I call my kids when they’re with my ex?

The frequency of calls to your kids when they’re with your ex should be based on their age, the nature of your relationship, and mutual agreements with your ex. 

A general guideline might be once a day for younger children and, as agreed, for older children, ensuring it’s not disruptive. Open communication with your ex about expectations can help maintain a healthy balance.

To sum up

Dealing with an ex-partner who is breaching a child arrangements order can be challenging and emotionally draining. It’s crucial to prioritize the well-being and stability of your children while managing these disputes. 

From documentation and communication to mediation and legal advice, there are several steps you can take to address and rectify the situation. 

Remember, the ultimate goal is to ensure that the arrangements serve the best interests of your child, promoting their welfare and stability amidst the changes in their family life.