How to Enforce a Child Arrangements Order When the Other Parent Is Not Complying

A child arrangements order is a court order and breach of it is a serious matter. If the other parent is consistently failing to allow contact in accordance with the order, or is interfering with the arrangements in other ways, the family court has a range of enforcement tools available. Understanding what those tools are and when to use them helps you respond effectively.

What Counts as a Breach?

A breach occurs where a party who is subject to a child arrangements order fails to comply with its terms without reasonable excuse. This includes refusing contact on the days specified in the order, failing to return the child at the agreed time, moving the child to a different location without notifying the other parent as required, or preventing indirect contact such as telephone calls.

Warning Notices and Penal Notices

Most child arrangements orders contain a warning notice informing the parties that failure to comply is a contempt of court. In more serious cases, a penal notice can be attached to the order, which puts the non-compliant party on notice that they may be committed to prison for breach. A penal notice can be attached to an existing order by applying to the court using Form C2.

Enforcement Orders

Under Section 11J of the Children Act 1989, the court can make an enforcement order requiring the non-compliant parent to carry out unpaid work as a consequence of the breach. Before making an enforcement order, the court must be satisfied beyond reasonable doubt that the order was breached and that the non-compliant party had no reasonable excuse. An application for an enforcement order is made using Form C79.

Committal for Contempt

In the most serious cases, where a parent has repeatedly and wilfully breached an order despite warnings, the court can commit them to prison for contempt. This is a last resort and the court will always consider less severe options first. However, the courts have become increasingly willing to impose custodial sentences in clear cases of wilful non-compliance.

Varying the Order

In some cases, the better response to non-compliance is to apply to vary the order rather than to enforce it. If the existing arrangements are simply not working, a different order may achieve better compliance. The court will consider whether variation is more appropriate than enforcement.

Summary

Breaches of child arrangements orders can be addressed through enforcement orders, penal notices, and in serious cases committal for contempt. An application using Form C2 or Form C79 is the correct route. A specialist family law barrister can advise on the most appropriate enforcement step and represent you at the enforcement hearing.

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