What happens if my ex does not comply with a child arrangements order

A child arrangements order is a legally binding court order. If the other parent is repeatedly failing to comply with it, whether by preventing contact, not following the agreed arrangements, or ignoring specific provisions: there are legal remedies available. This guide explains what steps you can take to enforce the order and what the court can do.

What Counts as a Breach?

A breach of a child arrangements order occurs when a party fails to comply with its terms without reasonable excuse. Common examples include:

• Refusing to allow contact or handovers at the times specified in the order
• Repeatedly cancelling or changing arrangements without the other parent's agreement
• Taking the child on holiday in breach of the order's terms
• Failing to return the child at the specified time
• Undermining the child's relationship with the other parent in ways specifically prohibited by the order

Step 1: Keep a Record

Before taking any legal steps, keep a detailed written record of every breach: date, time, what was supposed to happen, what actually happened, and any communication with the other party. This record will be essential evidence in any enforcement application.

Step 2: Consider the Circumstances

Enforcement proceedings should generally be a last resort after you have attempted to resolve the breach informally. Courts expect parents to attempt communication and, where appropriate, mediation before involving the court. However, if the breaches are persistent, serious, or the other parent is refusing to engage, court action may be necessary.

Step 3: Apply for Enforcement

You can apply to the family court for enforcement of the child arrangements order using Form C79. The enforcement options available to the court include:

• Warning notice: The court can add a warning notice to the order making clear the consequences of further breach
• Enforcement order: An order requiring the breaching party to carry out unpaid work, similar to community service
• Compensation order: Where the breach has caused you financial loss. For example,, missed travel costs. The court can order compensation
• Committal for contempt: In serious and persistent cases, the court can commit the breaching party to prison for contempt of court
• Variation of the order: The court can vary the existing order: in some cases making a more detailed order, or in extreme cases changing which parent the child lives with

What If the Other Parent Takes the Child Abroad?

If you believe the other parent is about to take your child abroad without permission, or has already done so, contact a specialist family law barrister immediately. Emergency port alert orders and Hague Convention applications may be available and urgency is critical.

Do I Need a Barrister?

Enforcement proceedings can be complex and involve presenting evidence of breach, responding to any defence of reasonable excuse, and arguing for the most appropriate remedy. Specialist legal representation significantly improves the prospects of achieving an effective enforcement outcome.

Summary

Repeated breach of a child arrangements order without reasonable excuse is a serious matter. Keep detailed records of every breach. Attempt informal resolution first, but if breaches are persistent or serious, apply to the court on Form C79. The court has a range of enforcement tools available, including unpaid work, compensation, and in serious cases committal for contempt. Emergency remedies are available if a child is being taken abroad unlawfully.

For advice on working with a barrister around a child arrangements order, contact us today.