Court conditions before enforcement order CA 1989 s. 11L
Court must find enforcement order necessary and proportionate, and local unpaid work possible; consider religious beliefs, work/education times, child's welfare
11L Before making an enforcement order as regards a person in breach of a provision of a child arrangements order, the court must be satisfied that— making the enforcement order proposed is necessary to secure the person's compliance with the child arrangements order or any child arrangements order that has effect in its place; the likely effect on the person of the enforcement order proposed to be made is proportionate to the seriousness of the breach .... Before making an enforcement order, the court must satisfy itself that provision for the person to work under an unpaid work requirement imposed by an enforcement order can be made in the local justice area in which the person in breach resides or will reside. Before making an enforcement order as regards a person in breach of a provision of a child arrangements order, the court must obtain and consider information about the person and the likely effect of the enforcement order on him. Information about the likely effect of the enforcement order may, in particular, include information as to— any conflict with the person's religious beliefs; any interference with the times (if any) at which he normally works or attends an educational establishment. A court that proposes to make an enforcement order may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) and (3). It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section. In making an enforcement order in relation to a child arrangements order, a court must take into account the welfare of the child who is the subject of the contact order.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
The court cannot simply decide to impose an enforcement order for breaching a child arrangements order. Section 11L lists several checks it must carry out first.
The court must be satisfied that the enforcement order is necessary to make the person comply, and that its effect on them is proportionate to how serious the breach was. It must also confirm that an unpaid work requirement can be set up in the local justice area where the person lives or will live.
Before deciding, the court must gather information about the person and how the order would affect them – including any conflict with their religious beliefs or interference with their work or school schedule. Finally, the court must always take into account the welfare of the child who is the subject of the child arrangements order.
When it applies
- A parent who repeatedly fails to return the child after contact visits, and the other parent applies for an enforcement order.
- A parent who has a religious objection to working on Sundays, and the court is considering an unpaid work requirement.
- A parent who is a full-time university student, and the court needs to ensure the unpaid work does not clash with lectures.
- A parent who lives in a rural area where there are no local justice area arrangements for unpaid work placements.
What this section does not say
- People often think this section sets the number of hours of unpaid work; that is covered by section 11K.
- People may think it governs the procedure for applying for an enforcement order; that is in other rules of court.
- People may think it applies to any breach of any court order, but it only applies to breaches of child arrangements orders under the Children Act.
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This page reproduces the text of CA 1989 s. 11L in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.