Procedural guide—enforcement orders under the Children Act 1989
Published by a LexisNexis Family expert
ChecklistsProcedural guide—enforcement orders under the Children Act 1989
Published by a LexisNexis Family expert
ChecklistsThis Procedural Guide sets out the steps to be taken to apply for an enforcement order under the Children Act 1989 (ChA 1989) to enforce the provisions of a child arrangements order (CAO). An enforcement order may impose an unpaid work requirement on the respondent. It provides information on who can apply, pre-action requirements, criminal standard of proof, orders the court can make and restrictions on making an enforcement order. The following procedure applies to cases where a warning notice has been attached properly to a child arrangements order and it is alleged that the order has been breached so that enforcement of the order is required.
Effective enforcement of a CAO that contains provisions for contact where the parent with whom the child lives is opposed to contact can be problematic. Under ChA 1989 the court has extended powers in relation to enforcement of all the provisions of CAOs, not only those that relate to contact arrangements, but also those relating to the living arrangements of a child. The provisions focus on helping 'to establish,
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