Paragraph 4

United Kingdom

(1)

This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a F1provision of a child arrangements order and the enforcement order is in force.

(2)

The court may revoke the enforcement order if it appears to the court that—

(a)

in all the circumstances no enforcement order should have been made,

(b)

having regard to circumstances which have arisen since the enforcement order was made, it would be appropriate for the enforcement order to be revoked, or

(c)

having regard to the person's satisfactory compliance with the F2child arrangements order or any child arrangements order that has effect in its place, it would be appropriate for the enforcement order to be revoked.

(3)

The enforcement order may be revoked by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order.

(4)

In deciding whether to revoke the enforcement order under sub-paragraph (2)(b), the court is to take into account—

(a)

the extent to which the person subject to the enforcement order has complied with it, and

(b)

the likelihood that the person will comply with the F3child arrangements order or any contact order that has effect in its place in the absence of an enforcement order.

(5)

In deciding whether to revoke the enforcement order under sub-paragraph (2)(c), the court is to take into account the likelihood that the person will comply with the F4child arrangements order or any child arrangements order that has effect in its place in the absence of an enforcement order.

Annotations

Textual amendments

F1: Words in Sch. A1 para. 4(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F2: Words in Sch. A1 para. 4(2)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F3: Words in Sch. A1 para. 4(4)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F4: Words in Sch. A1 para. 4(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)