How to enforce a child arrangements order when contact is being blocked

Child arrangements orders are made by the court to set out where children should live, who they should spend time with and other arrangements for their care. Sometimes, after the order is made, one parent does not comply with it. When that happens, the parent denied contact has several options to enforce the order. This guide explains what those options are and what evidence the court will need.

What is a child arrangements order?

A child arrangements order is the order made under section 8 of the Children Act 1989 setting out:

• With whom a child should live
• With whom a child should have contact, and on what terms

The order is legally binding. Both parents are obliged to comply with it.

What counts as a breach?

Common types of breach include:

• Refusing to make the child available for the agreed contact
• Cancelling contact at short notice without good reason
• Not bringing the child to the agreed handover point
• Frustrating contact by booking the child into activities at contact times
• Failing to deliver the child to the other parent at the start of an overnight stay
• Coaching the child to refuse contact
• Making the child unavailable through alleged illness on a pattern of dates

Not every difficulty is a breach. Genuine illness, unforeseen circumstances and child-led changes (where the child is genuinely unwilling) may not amount to breaches. The court looks at the pattern.

Before applying to court

Before applying to enforce a child arrangements order, the court usually expects:

• Attempts at communication with the other parent to resolve the difficulty
• Where appropriate, a mediation referral (and a MIAM if applicable)
• Contemporaneous records of the breaches

The court does not expect endless patience, particularly where the pattern is clear. But evidence that you tried to resolve the issue without court proceedings makes the application stronger.

The enforcement options

Application to enforce

The main route is an application using Form C79 (or Form C2 in some courts). This application asks the court to enforce the existing order.

Variation

If the existing order has become unworkable, an application to vary may be more appropriate. Form C100 is the relevant form.

Contempt of court

In serious cases, contempt proceedings may be available. This is rare and is generally reserved for the most flagrant breaches.

Committal

The court has the power to commit a non-compliant parent to prison for contempt. This is reserved for the most serious cases and is rare.

The remedies the court can order

If the court finds the order has been breached, it can:

Enforce the original order

Confirm that the order continues and warn the non-compliant parent of the consequences of further breaches.

Vary the order

Adjust the terms to address the practical difficulties.

Make an enforcement order

An order requiring the non-compliant parent to undertake unpaid work in the community, between 40 and 200 hours.

Order compensation for financial loss

Where the breach has caused the other parent direct financial loss (for example, wasted travel costs or holiday booking deposits), the court can order compensation.

Transfer of residence

In extreme cases of sustained breach, the court can transfer where the child lives. This is rare but not unprecedented.

Evidence needed to enforce

The court needs evidence of:

The original order

A copy of the existing child arrangements order, clearly showing the contact arrangements.

Each alleged breach

Specific dates, times and circumstances. General complaints ("she always cancels") are less persuasive than specific records ("on 14 March 2025 she cancelled contact by text at 9am citing illness; on 28 March 2025 she said the child had a party; on 11 April 2025 the child was made unavailable by being booked into a sports event").

The communications

WhatsApp messages, texts and emails relating to the cancellations or refusals.

The impact on the child

Where relevant, evidence of how the breaches have affected your relationship with the child.

Your conduct

Evidence that you have attempted to engage constructively, despite the breaches.

How the court approaches the application

The court will consider:

• Whether the order has been breached without reasonable excuse
• The pattern of conduct
• The impact on the child of the breach and of the proposed remedy
• The welfare of the child
• The reasons given by the non-compliant parent

The court does not punish for the sake of punishment. The aim is to secure compliance and restore the relationship between the child and the non-resident parent.

The "reasonable excuse" defence

The non-compliant parent will usually argue that there was a reasonable excuse for each breach. Common claims include:

• The child was unwell
• The child did not want to attend
• The other parent's behaviour made contact unsafe
• The child had an important commitment

The court will assess these reasons critically. Genuine illness is a reasonable excuse. A pattern of "illness" on contact days is not.

Common difficulties in enforcement applications

Vague evidence

Generalised complaints are harder for the court to act on than specific dated records.

Lack of attempt at informal resolution

Applications brought without any attempt to resolve the difficulty first are sometimes treated less sympathetically.

Child's expressed wishes

Where the child says they do not want contact, the court will want to understand whether the view is genuine or has been influenced. Coaching of children is a serious concern but is hard to prove.

The transfer of residence dilemma

Transferring residence in serious breach cases is a drastic step that may not be in the child's interests, even where the breach is established. The court has to balance the seriousness of the breach against the impact of disruption on the child.

What to do if breaches start

Document everything

Keep contemporaneous records of every cancellation, refusal or breach. Note dates, times, what was said and what was claimed as the reason.

Communicate in writing

Move important communications to writing (WhatsApp, email) so there is a record.

Respond calmly

Emotional or aggressive responses can be used against you. Stay measured.

Attempt resolution

Send a clear written request for the breaches to stop. Suggest mediation if appropriate. Save copies of everything.

Take advice early

If the pattern continues, take legal advice before patterns harden. Early intervention is usually more effective than waiting.

Preventive measures

Where an order is in place but you are concerned about future compliance, the order itself can include preventive measures:

• Detailed handover arrangements that minimise opportunity for difficulty
• Provision for handovers through a third party
• Penalty notices in the order
• Requirements to notify the other parent of any proposed changes

Well-drafted orders reduce the scope for disputes later.

When to take legal advice

Enforcement applications can succeed but they require careful preparation. The evidence needs to be specific and well-organised. The legal arguments need to be focused.

A direct access barrister with family law experience can advise on the strength of an enforcement application, prepare the necessary documents and represent you at the hearing.

Speak to someone who handles cases like this

If you have a hearing coming up or want a clear view of your options, a direct access barrister can usually advise quickly and on a fixed fee. Contact our team with a brief outline of your case and we will arrange a quote.