Compensation for breach of child arrangements order s. 11O
Compensation for breach of child arrangements order if no reasonable excuse. Actual loss; court considers breacher's finances and child's welfare.
11O This section applies if a child arrangements order with respect to a child has been made. If the court is satisfied that— an individual has failed to comply with a provision of the child arrangements order, and a person falling within subsection (6) has suffered financial loss by reason of the breach, it may make an order requiring the individual in breach to pay the person compensation in respect of his financial loss. But the court may not make an order under subsection (2) if it is satisfied that the individual in breach had a reasonable excuse for failing to comply with the particular provision of the child arrangements order. The burden of proof as to the matter mentioned in subsection (3) lies on the individual claiming to have had a reasonable excuse. An order under subsection (2) may be made only on an application by the person who claims to have suffered financial loss. A person falls within this subsection if he is— a person who is, for the purposes of the child arrangements order , a person with whom the child concerned lives or is to live; a person whose contact with the child concerned is provided for in the child arrangements order ; an individual subject to a condition under section 11(7)(b) or an activity condition imposed by the contact order; or the child concerned. Where the person proposing to apply for an order under subsection (2) is the child concerned, the child must obtain the leave of the court before making such an application. The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application. The amount of compensation is to be determined by the court, but may not exceed the amount of the applicant's financial loss. In determining the amount of compensation payable by the individual in breach, the court must take into account the individual's financial circumstances. An amount ordered to be paid as compensation may be recovered by the applicant as a civil debt due to him. Subsection (2) has effect subject to the restrictions in section 11P. Proceedings in which any question of making an order under subsection (2) arises are to be regarded for the purposes of section 11(1) and (2) as proceedings in which a question arises with respect to a section 8 order. In exercising its powers under this section, a court is to take into account the welfare of the child concerned.
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
This section applies when a child arrangements order is in place. If someone fails to follow the order (the 'breacher') and another person listed in subsection (6) suffers financial loss because of that failure, the court can order the breacher to pay compensation for that loss. However, the court cannot make such an order if the breacher had a reasonable excuse for not complying. The breacher has to prove they had a reasonable excuse.
Compensation can only be applied for by the person who lost money, including the child themselves if the court gives permission. The amount of compensation is whatever the court decides, but it cannot be more than the actual financial loss. When deciding the amount, the court must also take into account the breacher's financial circumstances and the welfare of the child.
This section is subject to further restrictions in section 11P. Any proceedings under this section are treated as proceedings about a section 8 order.
When it applies
- A parent misses work because the other parent fails to return the child after contact, losing wages.
- A parent pays for non-refundable train tickets for a contact visit that the other parent cancels without notice.
- A resident parent has to pay for last-minute childcare when the non-resident parent fails to collect the child as ordered.
- A parent incurs extra travel costs because the other parent moves away without informing them, breaching the order.
- A parent pays for agreed activity costs that the breacher was ordered to cover but refused to pay.
What this section does not say
- Variation of a child arrangements order itself (dealt with under other provisions).
- Enforcement orders requiring unpaid work or fines under section 11J.
- Activity conditions requiring attendance at parenting programmes under section 11C.
- Financial relief for children under section 15 (maintenance).
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This page reproduces the text of CA 1989 s. 11O 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.