Parents who deny former partners contact with children escape penalties from courts

THOUSANDS of parents are avoiding punishment for failing to allow former partners to see their children, new government figures show.

Child arrangement orders (CAOS) are legal agreements between the court and the parents or guardians of a child and are used to ensure that the child’s living arrangements are made in their best interests. The orders regulate who a child lives and spends time with.

However, analysis of Ministry of Justice (MOJ) data reveals that court attempts to challenge breaches of CAOS have increased by nearly 200 per cent in the last five years. Analysis of the data from family courts across England and Wales by Hall Brown Family Law found that the number of penalties imposed by judges as a result has fallen by almost half over the same period.

Katie Welton-dillon, who is head of the firm’s children’s law team, said: “Many parents seem prepared to push things as far as they can. When a CAO is issued, it’s accompanied by a clear warning about the consequences of not abiding by its terms.

“However, in my experience many parents accused of breaches simply don’t expect any punishment because they know that the powers which are already open to the courts aren’t being used and, sadly, the figures show that this is the case.

“It’s almost as though those measures have lost their fear factor.

“There are some cases in which child arrangements are breached because of perfectly valid reasons. I believe, though, that setting out a sliding scale of sanctions for successive infringements would leave parents and judges in no doubt as to what would happen if such behaviour continued.”

During 2019, there were 7,835 applications to enforce the terms of CAOS – up 197 per cent on the figure for 2014.

Furthermore, the number of CAOS granted as a result had dropped from 69 in 2014 to just 37 last year.

Courts were given new powers to enforce adherence to CAOS through the Children and Adoption Act which came into force in December 2008.

Previously, they could imprison or fine offenders. The new legislation allowed them to impose community service orders and fines. Courts also have the power to order that children no longer live on a full-time basis with parents who flout arrangements.

An MOJ spokesperson said: “Judges will always prioritise a child’s welfare and come to a decision based on the facts of each individual case. A range of powers are in place to deal with deliberate breaches of child arrangement orders, which can include a fine or unpaid work.”

‘Many parents simply don’t expect any punishment. It’s as though those measures have lost their fear factor’