Quick Answer
A breach of a Child Arrangements Order occurs when one parent fails to comply with the terms of the court order without a reasonable excuse. This may include refusing contact, not returning a child at the agreed time, or failing to follow specific arrangements set out by the court.
If an order is breached, the other parent can apply to the court for enforcement using Form C79. The court will consider whether the breach was intentional and whether enforcement action is in the child’s best interests.
Key takeaways
- Not every disagreement is a breach. The court looks at whether there was a reasonable excuse.
- The child’s welfare remains the court’s paramount consideration.
- Enforcement can include warnings, unpaid work requirements, financial compensation, or variation of the order.
- Keeping evidence of missed contact or communication is essential.
- Early legal advice can prevent escalation.
What Is a Child Arrangements Order?
A Child Arrangements Order is made under the Children Act 1989 and sets out:
- Who the child lives with
- When and how the child spends time with the other parent
- Specific conditions relating to schooling, holidays, or communication
It is legally binding. Failure to comply may result in enforcement proceedings.
What counts as a breach?
A breach may include:
- Repeatedly refusing scheduled contact
- Returning a child late without agreement
- Cancelling arrangements without reasonable justification
- Relocating a child without court permission
- Failing to comply with specific conditions in the order
However, the court will consider whether there was a reasonable excuse. For example:
- The child was genuinely unwell
- There were safeguarding concerns
- Unavoidable emergency circumstances arose
The court distinguishes between minor disputes and persistent or serious non-compliance.
Step-by-Step: What to Do if the Order Is Breached
Step 1: Document the Breach
Keep detailed records of:
- Missed contact dates
- Messages or emails
- Attempts to resolve the issue
Step 2: Try to Resolve Informally
Where appropriate, attempt constructive communication. In some cases, mediation may help.
Step 3: Seek Legal Advice
Early advice can clarify whether the issue amounts to a breach and what evidence is needed.
Step 4: Apply for Enforcement
If informal steps fail, you can apply using Form C79 for enforcement of a Child Arrangements Order.
Step 5: Court Consideration
The court will assess:
- Whether a breach occurred
- Whether there was a reasonable excuse
- Whether enforcement is in the child’s best interests
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