A breach of a Child Arrangements Order can arise where arrangements set out by the Family Court are not followed. This might involve cancelled contact, failed handovers, blocked calls or a child not being made available when the order says they should be.
Not every missed arrangement automatically means that enforcement will follow. The court may need to consider what happened, why the order was not complied with, whether there is a reasonable explanation and what is in the child’s welfare interests. Current Family Court guidance gives the court a range of powers where it finds a breach without reasonable excuse.
If you are looking for an explanation of how a case reaches the point of a final order, see my Child Arrangements Order Process guide.
What Can Amount to a Breach of a Child Arrangements Order?
A breach is not always as obvious as one parent simply refusing to follow the order. Sometimes a pattern develops gradually.
Examples may include:
- repeated last-minute cancellations;
- failed handovers;
- ordered contact being regularly shortened;
- telephone or video contact being blocked;
- repeated late returns; or
- a child not being made available when the order says they should be.
The important point is that the court will normally look at the circumstances surrounding the alleged breach, rather than simply counting missed contact. Cafcass explains that the court will want to understand both why the order was broken and the reasons given by the other parent.
Does a Breach Automatically Lead to Enforcement?
No. The court can consider whether there was a reasonable or justifiable explanation for what happened.
A one-off difficulty may therefore be very different from repeated non-compliance without a satisfactory explanation. The court may also consider whether circumstances have changed and whether the existing arrangements remain appropriate for the child. GOV.UK specifically explains that a court may decide not to enforce the existing order where there is a good reason for non-compliance or where a different arrangement would be better for the child.
This is why it is usually better to present the facts clearly rather than assume that every missed arrangement will automatically be treated as deliberate obstruction.
Before Applying to Enforce the Order
Where appropriate, parents may first try to resolve the problem without immediately returning to court.
Keeping a clear record can be useful if difficulties continue. This may include recording missed or changed arrangements, keeping relevant messages or emails, noting attempts to resolve the problem and asking for replacement time where appropriate.
If a pattern continues, those records can make it easier to explain what the order required, what actually happened and how frequently the problem occurred.
For practical help organising Child Arrangements issues, see my Child Arrangements Order Support page.
Applying to Enforce a Child Arrangements Order – Form C79
The usual application for enforcement of a Child Arrangements Order is Form C79.
The form can be used to ask the Family Court to enforce a Child Arrangements Order or deal with an existing enforcement order. HMCTS updated the C79 form in June 2026, so it is sensible to use the current version from GOV.UK rather than an older downloaded copy.
View the current Form C79 and GOV.UK enforcement guidance
For orders made before 8 December 2008, a warning notice may first need to be attached using Form C78. Orders made after that date should already contain the required warning notice.
What Can the Court Do After a Breach?
If the court finds that a Child Arrangements Order has been breached without reasonable excuse, it has a range of options.
These can include varying the existing Child Arrangements Order, making an enforcement order involving unpaid work, ordering compensation for financial loss, or in more serious circumstances considering a fine or committal. The court may also consider further work or intervention aimed at helping the arrangements operate successfully.
The outcome is not automatic. The court will consider the circumstances of the breach, the reasons for it, the effect on the child and the wider welfare picture before deciding what response is appropriate.
When Cafcass or Safeguarding Issues Are Also Involved
Some enforcement disputes are not simply about missed contact. They may also involve allegations, safeguarding concerns, a child refusing contact or a significant change in circumstances.
In those cases, Cafcass may become involved again and the court may require further safeguarding information before deciding what should happen.
If Cafcass or a Section 7 report is part of the case, see my Cafcass Support page.
Where repeated allegations or escalating conflict are a major feature of the case, my High-Conflict Family Court Support page may also be relevant.
Practical Support With a Breach of a Child Arrangements Order
If the case may need to return to court, practical preparation can include organising a chronology of missed arrangements, reviewing relevant communication, identifying the documents that matter and preparing for the next hearing.
As a McKenzie Friend, I can provide practical support with preparation and court proceedings while you remain responsible for conducting your own case.
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