BLB Solicitors
  • +01225 755656
  • enquiries@blbsolicitors.co.uk
BLB Solicitors
  • +01225 755656
  • enquiries@blbsolicitors.co.uk
  • Home
  • Services for You
    • Conveyancing Solicitors
    • Leasehold Solicitors
    • Property Dispute Solicitors
    • Divorce, Family Law and Mediation
    • Lifetime Planning and Wills
    • Probate and Estate Administration
    • Equity Release Solicitors
    • Retirement Property Conveyancing
    • Personal Injury Compensation
    • Medical Negligence Solicitors
  • Services for Business
    • Commercial Property
    • Commercial Property Disputes
    • Corporate & Commercial Legal Advice
    • Estate Management Solicitors
  • BLB Solicitors Locations
    • Almondsbury Solicitors
    • Bath Solicitors
    • Bristol Solicitors
    • Bradford on Avon Solicitors
    • Swindon Solicitors
    • Trowbridge Solicitors
  • About Us
    • Our Team
    • Working for BLB
    • BLB Solicitors – How we work
    • Making Payments to BLB Solicitors
    • Instructing BLB Solicitors
    • Terms of Business
    • Complaints Policy
    • Interest Policy
  • Blog
  • Contact Us

Home » Enforcing a Child Arrangements Order

Divorce and Family Law
Parent and child holding hands
Jan 18th, 2024

At BLB Solicitors, our goal is simple – to deliver you clear, practical legal advice and cost-effective solutions. We hope you enjoy exploring our Blog. If you can’t find what you’re looking for, please do contact us.

Enforcing a Child Arrangements Order

Lucy JonesSenior family lawyer Lucy Jones explores enforcing a Child Arrangements Order.

For further information, contact our team on 01793 615011 or complete the Contact Form below.

Child Arrangements Orders set out with whom and when a child should live, spend time, or otherwise have contact following relationship breakdown. Following my recent article on this subject, I now turn to the topic of enforcing a Child Arrangements Order.

Enforcement Order

Whether the terms of the order were the result of mutual agreement or the court’s decision after hearing evidence, a Child Arrangements Order is a legally binding order of the court. Consequently, non-compliance with any of the terms of the order entitles another party (usually the other parent) to apply for an enforcement order (using Form C79).

Common examples of non-compliance include:

  • turning up late (or not at all) to contact meetings;
  • not returning the child on time to the parent with whom they live; and
  • taking a child on holiday without the other parent’s permission.

The party in breach of the Child Arrangements Order is responsible for showing they have a reasonable excuse for breaching its terms.

On receiving an application for an enforcement order, the court lists the matter for an initial hearing where the judge considers whether the facts concerning the alleged breach are agreed, and if not, whether a hearing to determine those facts is necessary. The judge must also consider whether to involve CAFCASS. At all times, the court must consider the welfare and best interests of the child.

Contempt of Court

Breaching a Child Arrangements Order may result in the person being held in contempt of court. Indeed, endorsed on the order is a warning notice to that effect. If held in contempt, i.e. the judge does not believe they have a reasonable excuse, the court may order the person to:

  • pay a fine or
  • undertake between 40 and 200 hours of unpaid work or
  • repay any money lost due to not following the terms of the order.

In the most serious cases, breaching an order can result in imprisonment.

Conversely, the court may decide not to enforce the order if the judge believes:

  • the person had good reason not to comply with the arrangements or
  • it’s in the child’s best interests to come to another arrangement.

The court might also refer the parents for mediation or to a Separated Parents Information Programme.

What happens on breaching an enforcement order?

If a party fails to comply with an enforcement order and the court is satisfied that they do not have a reasonable excuse, it can make a further enforcement order called a second order. For example, this can add additional hours to the original unpaid work requirement.

Take early advice

There are many reasons why the terms of a Child Arrangements Order might no longer work. However, a parent should never simply decide to breach the order, potentially allowing the other party to apply for an enforcement order. Remember, the court typically takes a dim view of breaching its orders and a robust approach to enforcement.

Therefore, take early advice on applying to the court to vary the terms of the original order. But if you are already in breach, taking prompt advice is even more crucial.

Lucy Jones
Request a Call Back

Recent Articles

  • Grey divorce: divorcing at 50+
  • What is a Petnup and do I need one?
  • Will a judge go against a CAFCASS report?
  • Separated parents’ holiday rights
  • Postnuptial Agreement: when should we get one?

Newsletter Sign-up

* indicates required

Share this article

You may also like...
  • Mar 10th, 2025
    Will my spouse get half of everything if they cheated on me?
    Read Article
  • Apr 17th, 2025
    Separated parents’ holiday rights
    Read Article
View All Related Articles
Get in-touch today
Contact Form

Left Column

Right Column

Centre

 
Sending
  • Bristol Solicitors

    0117 905 5308
  • Bath Solicitors

    01225 462871
  • Bradford on Avon Solicitors

    01225 866541
  • Swindon Solicitors

    01793 615011
  • Trowbridge Solicitors

    01225 755656
  • Almondsbury Solicitors

    0117 905 5308
Authorised & Regulated by Solicitors Regulation Authority (No. 636644)
©2025 BLB Solicitors | Terms | Privacy | Legal