Court Order Breaches for Child Arrangements
When parents cannot agree on how their children should be cared for following a separation or divorce, the court can issue a Child Arrangements Order. This legally binding order sets out where children live and how (and when) they will spend time with each parent. But what happens if a parent breaks this order—and can it be changed if circumstances evolve?
Enforcing a Child Arrangements Order
Legal Consequences for Breach
If one parent breaches a Child Arrangements Order, they are in contempt of court. This can lead to various penalties, including:
- Fines
- Enforcement orders (imposing unpaid community work)
- Imprisonment (though this is quite rare)
While the court has powers to impose such penalties, enforcing them often requires proactive legal steps. Consulting a specialist family lawyer is invaluable for navigating the complexities of enforcement and ensuring compliance with the order.
Changing a Final Court Order
Varying an Existing Order
Sometimes, once a Child Arrangements Order is in place, life circumstances change. For example, a parent may move home, change work patterns, or the child’s needs might evolve.
- Agreeing Informally: Where possible, parents should try to negotiate changes themselves. If the other parent agrees, you can avoid going back to court.
- Applying to Court: If you can’t reach a mutual agreement, you’ll need to make an application to vary the order. This involves filing a C100 form, stating why a change is necessary.
- Best Interests of the Child: The court will vary the order only if doing so is deemed to be in the child’s best interests.
Overturning a Family Court Order
Is It Possible to Appeal?
In some cases, parents disagree strongly with the court’s final decision. While you can appeal a family court decision, you will need to demonstrate valid grounds—such as an error in the legal process or evidence that wasn’t fully considered.
We advise anyone thinking about appealing to seek specialist legal advice, as appeals can be time-consuming, costly, and require a clear legal basis.
How We Can Help
HM & Co. Solicitors are experienced in:
- Enforcement: Helping parents take legal steps if the other party repeatedly breaches a Child Arrangements Order.
- Variation: Supporting you to apply to vary an order when life circumstances change.
- Appeals: Advising on the likelihood of success if you believe the court made an incorrect decision.
Contact Us
If you need help with enforcement, variation, or any other family law matter, our dedicated team is here to guide you:
HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
By seeking specialist legal advice, you’ll ensure every step taken upholds the best interests of your children and complies with the court’s requirements.
Your Questions, Answered
FAQs
FAQs on Court Order Breaches for Child Arrangements
1. What should I do if my ex-partner is not complying with a child arrangements order?
2. How do I report a breach of a child arrangements order in the UK?
- Form C79: Complete and submit Form C79 to apply for enforcement of the court order.
- Hearing date: Once you file the application, the court aims to list a hearing within 20 working days, ideally before the same judge who made the original order.
3. What factors will the court consider when deciding whether to enforce a child arrangements order?
- Agreed or contested facts regarding non-compliance
- Reasons for any non-compliance by the parent
- Child’s wishes and feelings (depending on age and maturity)
- Cafcass advice (if required to help the court decide on the best approach)
- Risk assessment, ensuring no further harm or conflict arises from any changes
- Suitability of options like a Separated Parents Information Programme or mediation
- Enforcement orders (if applicable)
- The welfare checklist, ensuring decisions serve the child’s best interests
4. What happens if a parent ignores a child arrangements order completely?
Each child arrangements order comes with a warning notice explaining the consequences of non-compliance. Possible actions the court can take include:
- Referral to a programme or mediation: Parents may be ordered to attend a Separated Parents Information Programme (SPIP) or further dispute resolution.
- Unpaid work requirement: A parent may be ordered to carry out 40–200 hours of unpaid community work.
- Committal to prison: In very rare and serious cases.
- Changing residency: In extreme circumstances, the child’s living arrangements might be changed, transferring residence to the other parent.
- Fines: The non-compliant parent may be subject to a financial penalty.
- Compensation: The court can order reimbursement if one parent incurs financial loss due to the other parent’s breach.
- Enforcement orders: The court may issue or suspend an enforcement order as a last resort.
5. Where can I get help if I’m facing a breach or need to enforce an order?
HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
We can guide you through every step—from initial mediation attempts to a formal court application—ensuring your child’s welfare remains the top priority.
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I have been using HM & Co. Solicitors since Feb 2020 for my Non-Molestation order and Child Arrangements proceedings. Since using them I have had two amazing solicitors on my case, Felicia and Ayesha.
This has been the first time I have ever been to court and had been quite nervous, especially due to the sensitivity of the proceedings. Felicia and Ayesha have been nothing but patient, professional and understanding.
I have felt very supportive and reassured throughout the proceedings and they have made sure that I understand what is going on throughout all the hearings.
If anyone is ever needing of legal help relating to Domestic Violence or Child Arrangements, I will always recommend HM & Co. Solicitor, Felicia and Ayesha.
Thank you again for all your help and support!
Love to say a massive thank you to HM & Co.Solicitors for a job well done on my two cases, really excited with the way my case was handle by Miss Daisy was amazing with good communication with client, very supportive, professional. I will recommend them to anyone experiencing legal/family issues and need legal advice/support. Miss O Adesina.
HM & Co. Solicitors are so helpful from receptionists right to the solicitors. I've had a few applications made to the court, which includes a non molestation order, recovering my son's passport from his dad and also arranging visits and Felicia is such a professional, organised solicitor who knows her staff so well. She is a blessing and willing to help. She thinks outside the box, and finds solutions in the blink of an eye! Besides her expertise in this field, she will not hesitate to speak up and stand firm when necessary. I am very grateful for her and the company who are so supportive and helpful. Highly recommend!
HM & Co. Solicitors provided an excellent service when supporting us to purchase a flat (where we are first time buyers).
Michael, our solicitor, explained the process clearly so it was not stressful, and acted efficiently to speed up the process. He also ensured we did not exchange immediately due to uncertainty over building works, which saved us a lot of money in the long-run. His judgement calls were excellent and ensured we came out with the best deal possible. I would not hesitate to work with HM &Co Solicitors again.
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