A child arrangements order is legally binding. It sets out where your child lives, when they spend time with each parent and how other contact should take place. A breach can disrupt your relationship with your child and your child’s stability.
In England and Wales, 15,534 private law cases started between January and March 2026, up 16% compared with the same period in 2025. The court examines what happened, why it happened and what outcome best protects your child’s welfare.
You should obtain child custody legal advice promptly if breaches are repeated, your child is being withheld, safety concerns have arisen or the order is disputed. Ignoring another part of the order in response can weaken your position.
What counts as a breach?
A breach occurs when someone bound by the order fails to follow a clear requirement. Examples may include:
- Refusing to make your child available for ordered contact
- Repeatedly cancelling visits without good reason
- Returning your child substantially later than required
- Keeping your child overnight without permission
- Ignoring telephone or video contact arrangements
- Taking your child somewhere prohibited by the order
A minor delay or genuine misunderstanding may be treated differently from repeated non-compliance. Read the sealed order carefully. If a term is vague, such as “reasonable contact”, enforcement may be harder than where exact dates, times and locations are stated.
What should you do after a breach?
Keep your response calm and focused on your child. Unless there is an urgent safety issue, contact the other parent in writing and ask for an explanation. Confirm the missed arrangement and ask how the time can be restored.
Keep relevant documents. Record the date, the term breached and any explanation given. If you lost money, retain receipts and booking confirmations.
Do not question your child repeatedly or ask them to take sides. Listen to what they say naturally, but avoid placing them under pressure.
You should not withhold maintenance because contact has been refused. Child maintenance and child arrangements are separate issues. Avoid breaching the order yourself unless immediate action is needed to protect your child. If compliance may create a genuine risk, seek urgent advice and consider applying to vary the order.
Can you resolve the problem without court?
Where it is safe and appropriate, you may resolve an isolated breach through direct communication, solicitor correspondence, mediation or another form of non-court dispute resolution. The Child Arrangements Programme encourages safe, child-focused agreements outside court.
You might agree replacement time, clearer collection arrangements or a neutral handover point. Put any temporary agreement in writing. An informal agreement does not replace the order. A permanent change may require a variation.
Mediation may not be suitable where there is domestic abuse, intimidation, child abduction risk or an immediate safeguarding concern. The court follows specific procedures where domestic abuse or harm is alleged.
How do you apply to enforce the order?
If the issue cannot be resolved, you can apply to the Family Court using Form C79. Identify the order, explain each alleged breach and provide supporting evidence. The current fee for an enforcement application or a claim for compensation for financial loss is £263, although help with fees may be available if you qualify.
The court may examine the reasons for non-compliance, your child’s wishes and feelings, safeguarding risks and whether advice from Cafcass or CAFCASS Cymru is needed.
For an enforcement order, the court must be satisfied beyond reasonable doubt that the order was breached. It will not make that order if the parent responsible proves that they had a reasonable excuse.
What may be a reasonable excuse?
There is no automatic list. A medical emergency, serious transport disruption or an immediate safeguarding concern may potentially explain non-compliance.
A parent cannot usually rely only on saying that the child “did not want to go”. The court may examine the child’s age and maturity, what the child said and what steps each parent took to encourage compliance. The order remains binding unless changed.
If circumstances have altered significantly, variation may be more appropriate than punishment. Arrangements may need reconsideration where a child’s schooling, health, location or welfare needs have changed.
What powers does the court have?
The court will choose an approach that is proportionate and consistent with your child’s welfare. It may:
- Confirm, clarify or vary the order
- Make future contact more structured
- Refer the parents to mediation or a suitable programme
- Require 40 to 200 hours of unpaid work
- Make a suspended enforcement order
- Order compensation for proven financial loss
- Impose a fine or, in serious contempt proceedings, imprisonment
Compensation covers actual financial loss caused by the breach, such as a non-refundable holiday cost. It does not cover distress or inconvenience. GOV.UK confirms that an enforcement order can require between 40 and 200 hours of unpaid work.
Serious sanctions are not automatic. The court may instead make the arrangements clearer, reconsider where your child should live or address the causes of conflict. Its focus is on workable future arrangements.
What if you are accused of breaching the order?
Do not ignore the application. Gather the order, messages, medical evidence, travel information and anything supporting your explanation. Prepare a clear chronology.
If safety concerns caused the breach, explain when they arose and what protective steps you took. If the arrangements are no longer workable, ask the court to vary them rather than continuing to depart from the order.
Get advice before the dispute escalates
A breached child arrangements order requires a measured response. Keep accurate records, avoid retaliatory conduct and try safe resolution where appropriate. When breaches continue, act promptly so the court can decide whether enforcement, clarification or variation is necessary.
Athi Law can advise you on alleged breaches, urgent applications, enforcement proceedings and changes to existing child arrangements orders. Contact Athi Law today to discuss your circumstances and take the next step towards stable, workable arrangements for your child.
