Ensuring regular and meaningful contact between children and the parent they don’t live with is crucial for the wellbeing of the child and the preservation of their relationships with both parents. However, even where court orders are made setting out arrangements, there are situations where one parent fails to abide by them, and it is necessary to go back to court.

Enforcement applications are usually made when a parent of the children obstructs or prevents the other parent from having contact with the children in line with the terms of an existing court order.

Common reasons for enforcement applications include denial of contact, interference with communication, or failure to abide by specific terms of the court ordered contact arrangements. This can be distressing for both the parent and the child and potentially affects the parent-child relationship and the child’s overall emotional wellbeing.

When an application is made for the enforcement of an existing court order, the court will review the circumstances. If it is that the parent withholding the contact is not able to provide a reasonable excuse, the court can make various orders. These range from fines or compensatory time for missed visits, to adjustments in the existing arrangements to better reflect the child’s best interests. These can in the most difficult of cases include having psychiatric or other medical reports about the parents or the children or changing with whom the children live.

It’s important to note that courts prioritise the welfare of the child above all else. Therefore, enforcement applications are not about punishing non-compliant parents but rather about safeguarding the child’s right to maintain a healthy relationship with both parents, provided it is safe and appropriate.

Ultimately, the goal is to promote healthy parent-child relationships while safeguarding the rights and interests of all parties involved.

How Can Timms Help...

If you have any questions on this matter, or any other family law issues please do not hesitate to contact me on 01283 214231 or via email at l.watson@timms-law.com. Alternatively, you can visit the family law page of our website here.