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.
A child arrangements order is the order made under section 8 of the Children Act 1989 setting out:
The order is legally binding. Both parents are obliged to comply with it.
Common types of breach include:
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 enforce a child arrangements order, the court usually expects:
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 main route is an application using Form C79 (or Form C2 in some courts). This application asks the court to enforce the existing order.
If the existing order has become unworkable, an application to vary may be more appropriate. Form C100 is the relevant form.
In serious cases, contempt proceedings may be available. This is rare and is generally reserved for the most flagrant breaches.
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.
If the court finds the order has been breached, it can:
Confirm that the order continues and warn the non-compliant parent of the consequences of further breaches.
Adjust the terms to address the practical difficulties.
An order requiring the non-compliant parent to undertake unpaid work in the community, between 40 and 200 hours.
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.
In extreme cases of sustained breach, the court can transfer where the child lives. This is rare but not unprecedented.
The court needs evidence of:
A copy of the existing child arrangements order, clearly showing the contact arrangements.
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").
WhatsApp messages, texts and emails relating to the cancellations or refusals.
Where relevant, evidence of how the breaches have affected your relationship with the child.
Evidence that you have attempted to engage constructively, despite the breaches.
The court will consider:
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 non-compliant parent will usually argue that there was a reasonable excuse for each breach. Common claims include:
The court will assess these reasons critically. Genuine illness is a reasonable excuse. A pattern of "illness" on contact days is not.
Generalised complaints are harder for the court to act on than specific dated records.
Applications brought without any attempt to resolve the difficulty first are sometimes treated less sympathetically.
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.
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.
Keep contemporaneous records of every cancellation, refusal or breach. Note dates, times, what was said and what was claimed as the reason.
Move important communications to writing (WhatsApp, email) so there is a record.
Emotional or aggressive responses can be used against you. Stay measured.
Send a clear written request for the breaches to stop. Suggest mediation if appropriate. Save copies of everything.
If the pattern continues, take legal advice before patterns harden. Early intervention is usually more effective than waiting.
Where an order is in place but you are concerned about future compliance, the order itself can include preventive measures:
Well-drafted orders reduce the scope for disputes later.
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.
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.