McKenzie friend: Non-compliance with a family court order and how to approach the problem
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I have a court order, and the other parent will not comply
If you mean England and Wales, a parent who does not comply with a Child Arrangements Order (CAO) can potentially face enforcement proceedings.
What counts as non-compliance?
Examples can include a parent:
repeatedly refusing to make the child available for the contact/spending-time arrangements specified in the order;
repeatedly failing to return the child at the times specified;
preventing contact without a reasonable explanation;
failing to comply with another specific requirement contained in the order.
However, a breach does not automatically mean the parent will be punished. The court will consider why the order was not followed and whether there was a reasonable excuse. The child's welfare and circumstances are also important. GGOV.UK Justice+1
What can the court do?
If the court finds that the order was breached without reasonable excuse, its powers can include:
requiring the parents to undertake further parenting/dispute-resolution work;
varying the Child Arrangements Order, including making arrangementsmore specific;
making an enforcement order requiring unpaid work, potentially between 40 and 200 hours;
ordering compensation for financial losses caused by the breach;
in appropriate circumstances, imposing a fine or imprisonment. GGOV.UK Justice+1
For an enforcement order involving unpaid work, the court must be satisfied beyond reasonable doubt that the order was breached, while the parent claiming a reasonable excuse has to establish that excuse on the balance of probabilities. LLegislation.gov.uk
How do you apply for enforcement?
The usual application is Form C79. GOV.UK currently states that the application fee is £270, although fee remission may be available in some circumstances. GGOV.UK+1
GOV.UK — Form C79: Apply to enforce a Child Arrangements Order