Conditions for compensation order s.11O(2) CA 1989 s. 11P
Court can only order compensation under s.11O(2) for child arrangement order breach if warning notice given, individual 18+, order not excepted.
11P A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a provision of a child arrangements order unless it is satisfied that before the failure occurred the individual had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of— in the case of a failure to comply with a provision of a child arrangements order where the order was varied before the failure occurred, a notice under section 11I relating to the order varying the child arrangements order or, where more than one such order has been made, the last order preceding the failure in question; in any other case, a notice under section 11I relating to the child arrangements order. A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a provision of a child arrangements order where the failure occurred before the individual attained the age of 18. A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a provision of a child arrangements order where the child arrangements order is an excepted order (within the meaning given by section 11B(4.
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 sets three conditions a court must satisfy before it can make a compensation order under section 11O(2) for a failure to comply with a child arrangements order.
The first condition is that the person who failed must have received a warning notice under section 11I before the failure occurred. If the child arrangements order was varied, the warning must relate to the most recent variation before the failure. The second condition is that the court cannot order compensation if the failure happened before the person turned 18. The third condition is that the order must not be an 'excepted order' as defined in section 11B(4).
These conditions are cumulative. If any one is not met, the court has no power to make a compensation order under section 11O(2) for that failure.
When it applies
- A parent fails to return the child after a scheduled contact visit; the other parent seeks compensation for lost wages. The court checks whether the non-complying parent was given a warning notice before the failure.
- A 16-year-old child fails to attend court-ordered contact with a parent; the parent applies for compensation. The court cannot order compensation because the failure occurred when the child was under 18.
- A child arrangements order was made without notice and is an excepted order under s.11B(4); a party fails to comply but the court cannot order compensation regardless of the failure.
- A parent receives a warning notice after they have already failed to comply; the other parent wants compensation. The court cannot order it because the warning was not given before the failure.
What this section does not say
- This section does not set the amount of compensation that can be ordered; that is dealt with elsewhere in section 11O and related provisions.
- This section does not apply to enforcement orders under section 11J; those have their own warning notice requirements under section 11N.
- People may think the section allows compensation for any failure, but it only restricts the court's power; the main power to order compensation comes from section 11O(2).
- This section does not cover failures by persons who are not individuals (e.g., companies) because section 11O(2) is about individuals.
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This page reproduces the text of CA 1989 s. 11P 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.