When parents separate, arrangements for children are often formalised through a Child Arrangements Order made by the family court, which is intended to provide clarity and stability for children and their families.
While the courts expect orders to be obeyed, they also recognise that situations may arise where a parent has a genuine and reasonable excuse for non-compliance. Understanding what the law considers reasonable is important for both parents, particularly where disputes arise over contact arrangements.
Why might a parent fail to comply with a child arrangement order?
Disagreements between separated parents can sometimes make arrangements difficult. In some cases, one parent may refuse contact because they disagree with the original order or believe the arrangements are no longer suitable. Others may miss handovers because of illness, emergencies, or unforeseen events.
Not every failure to comply amounts to misconduct, and the court will look carefully at the reasons behind any alleged breach and consider whether there was a legitimate justification. During this process, the child’s welfare remains the court’s paramount consideration.
What does the court mean by a reasonable excuse?
Generally speaking, a reasonable excuse is one that would appear sensible and justifiable when viewed objectively. The parent relying on the excuse will usually need to demonstrate that they acted reasonably in the circumstances and that their actions were motivated by concern for the child rather than hostility towards the other parent.
Examples of situations that may constitute a reasonable excuse include:
- Illness of the child: If a child is genuinely unwell and travelling or attending contact would be contrary to their welfare, a parent may have a valid reason for cancelling arrangements. openly and, where possible, suggest alternative arrangements.
- Illness or emergency affecting a parent: Unexpected emergencies can arise. A parent involved in a road traffic accident or suffering a serious illness may be physically unable to facilitate contact. Similarly, family emergencies or other exceptional events beyond a parent’s control may be accepted as reasonable explanations.
- Concerns about immediate risk: Perhaps the most significant justification arises where a parent believes the child faces an immediate risk of harm. For example, a parent may become aware that the other parent is under the influence of alcohol or drugs immediately before collecting the child. In such circumstances, refusing handover may be considered reasonable, provided the concerns are genuine and supported by evidence. The court will distinguish between legitimate safeguarding concerns and allegations raised merely to frustrate contact.
- Practical difficulties beyond a parent’s control: Transport disruptions, severe weather conditions, and other unforeseen practical problems can occasionally make compliance impossible. For instance, widespread flooding or rail strikes may prevent travel. Provided the parent has made reasonable efforts to comply and has kept the other parent informed, the court may regard the failure as understandable.
Situations that are unlikely to amount to a reasonable excuse
Although the court recognises that difficulties arise, there are many situations where non-compliance is unlikely to be justified.
These include:
- Disliking the other parent
- Believing the child simply does not wish to attend contact without investigating the reasons
- Deciding that the order is unfair
- Making unilateral changes because of personal inconvenience
- Using contact arrangements as leverage in financial disputes
The court expects parents to encourage a positive relationship between the child and the other parent wherever possible. A parent who deliberately obstructs contact without justification risks criticism from the court and potentially more serious consequences.
When children refuse contact
One of the more difficult issues arises when children themselves express reluctance to spend time with the other parent. As children become older, their wishes and feelings carry greater weight. However, a parent cannot simply rely on a child’s refusal as an automatic defence.
The court will examine the reasons behind the child’s views, and questions may arise as to whether the child has been influenced by one parent or whether there are genuine welfare concerns. Parents are generally expected to encourage and support contact rather than allow arrangements to break down without taking reasonable steps.
Where persistent difficulties arise, it may be appropriate to return to court to seek a variation of the order rather than allowing repeated breaches to occur.
What can a parent do if there is a breach of a child arrangement order?
Where one parent believes the other has failed to comply without reasonable excuse, an application can be made to the family court to enforce the order. The court has a range of powers available, including:
- Enforcement orders: An enforcement order may require the parent in default to undertake unpaid work. This power is designed to underline the importance of complying with court orders while avoiding measures that may adversely affect the child.
- Compensation for financial loss: If one parent has incurred expenses because the other failed to comply, the court may order compensation. For example, if travel costs were wasted because contact was cancelled at the last moment without good reason, reimbursement may be awarded.
- Variation of the existing order: Sometimes repeated breaches indicate that the current arrangements are no longer workable. The court may vary the order to reflect the realities of the situation and to ensure that the child’s welfare remains protected.
- Transfer of living arrangements: In exceptional cases, persistent and unjustified obstruction of contact can lead the court to reconsider with whom the child should live. Judges have repeatedly emphasised that children benefit from having meaningful relationships with both parents wherever this is safe and appropriate.
Seeking a variation instead of ignoring the order
Circumstances change as children grow older, school commitments evolve, and family situations alter over time. If the existing arrangements are no longer suitable, the best course of action is usually to apply to the court for a variation rather than simply refusing to comply.
Judges are far more receptive to parents who seek to resolve problems through lawful channels than those who take matters into their own hands.
Seeking legal advice at an early stage can often prevent disputes from escalating and avoid unnecessary applications to court.
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