Enforcement of a Child Arrangement Order

Before applying for a child arrangement order you must show the court that you have attempted to resolve any differences and issues with the other parent. This process is known as mediation. The purpose of mediation is to explore whether both parents can attempt to find a solution without the need to go to court.

If you are unable to reach an agreement through mediation or mediation is unavailable a form would need to be obtained from the Mediation Information Assessment Meeting (MIAM) confirming this. Once you are in receipt of this you can then apply for a child court order to the court. Our child experts at Kabir family law can look to arrange mediation for you to try and resolve the issues surrounding the child arrangement or alternatively to kickstart the court proceedings.

Once you have attempted mediation or mediation is not suitable between the parties, the application for a child arrangement order is made to the family court.  The courts will then assess the matter and with the help of a CAFCASS officer will decide which parent the child will live with and how child contact will be split between parties.

The court will promote contact between both parents unless there is an element of risk or harm to the child. When making a child arrangement order the court will consider:

• The feelings and wishes of the child
• The effect of any changes to the child arrangement on the child, and
• The educational and any special needs of the child.

If you have parental responsibility of a child then you can make an application to the family court for a child arrangement order. A stepparent with parental responsibility may also be able to apply for a child court order and not necessarily just a biological parent. A guardian or a grandparent can also apply for a child arrangement order if a parent has dies or a parent is unfit to take care of a child.

A child arrangement order is an order made by the court and is legally binding. Failing to adhere to the terms of the child arrangement order can result in a breach of court order. A breach of court order has severe implications and can be classed as a contempt of court.

In cases involving a child arrangement order breach you as a parent can revert back to the court for enforcement of a child arrangements order.

Before the enforcement of a child arrangements order the court will consider factors of the child arrangement order breach and must be satisfied that making an order is necessary and proportionate. The family law court orders enforcement and will consider the following:

• The reasons for non-compliance and breach of court order
• The effect of the breach of court order on the child
• The welfare checklist to consider the impact on the child
• Whether CAFCASS needs to be consulted to move forward and
• Whether the parents need to attend dispute resolution programmes to resolve the issues involving breach of court order.

A breach of a child arrangement order can take form in any ways. However the most common types of breaches are:

– Refusing to allow contact visits

– Consistently arriving late or leaving early

– Cancelling contact without valid reasons

– Taking children abroad without permission

– Interfering with indirect contact arrangements

When you are considering enforcing a child arrangements order you will be required to complete form c79 child arrangement. This application form relates to enforcement child arrangements order. When enforcing a child arrangements order there must be:

• A child arrangements order in place and
• A failure to keep to the child arrangements order.

You will therefore need to clearly specify the details of the existing court order, as the courts will only consider enforcing a child arrangements order where an existing order is not being complied with.

Quite often parents consult legal advice before completing form c79 child arrangement. At Kabir Family Law, our child specialists can assist you with this process to ensure your form c79 child arrangement is completed as accurately as possible. There is also guidance available to assist you in completing the form C79 child arrangement.

It is important to note that when considering enforcing a child arrangements order that the court can only make an enforcement child arrangements order if it is satisfied beyond reasonable doubt that a person has failed to comply with the existing child arrangements order. The court cannot make an enforcement order if it is satisfied that the person responsible  had a reasonable excuse for failing to keep to the child arrangements order.

When contact keeps getting broken, Form C79 is your legal route back to seeing your child regularly. One poorly completed form delays everything by months, so getting it right first time matters.

Try to Fix Things First

Send your ex a clear message about missed contact. Write something like “You’ve cancelled three weekends without valid reasons. Our child is upset and this needs to stop.” Keep it factual, not emotional. Courts want proof you tried reasonable communication before applying for enforcement.

Complete the Form Properly

Be specific about every breach. Instead of “always late,” write “Arrived 2 hours late on 15th January 2025, causing our child to miss their swimming lesson.” Include your original court order case number, the date it was made, and exactly what contact arrangements it specifies.

Document each violation with precise dates, times, and circumstances. Explain how each breach affected your child and any financial losses you suffered from cancelled plans or lost deposits.

Essential Documents You Need

Get a certified copy of your original court order from the court that issued it. Gather all evidence of breaches including screenshots of messages, photos of your child waiting for contact that didn’t happen, and receipts for activities you had to cancel.

Include proof of your attempts to resolve things, such as texts asking why contact was cancelled or emails suggesting solutions. This shows courts you acted reasonably before applying for enforcement.

Mistakes That Cause Delays

Don’t write about emotions or opinions. Courts deal with facts, not feelings. Instead of “my ex is manipulating our child,” write “on 20th January, our child said ‘daddy doesn’t want to see me anymore’ which they had never said before.”

Avoid vague descriptions that help nobody. “Sometimes doesn’t turn up” becomes “failed to collect child for arranged contact on 5th, 12th, and 19th January without explanation.”

Why Getting This Right Matters

Every week of broken contact damages your relationship with your child. A properly completed C79 application shows courts you’re organized, reasonable, and focused on your child’s welfare rather than scoring points against your ex.

Courts take enforcement seriously when applications are well-prepared. Get your C79 right and you’ll be back to regular, reliable contact with your child as quickly as possible.

Once you have decided on the enforcement of a child arrangement order and have completed the form c79 child arrangement, then this completed form will need to be submitted to your nearest family court. You will be required to pay a fee for the application unless you qualify for a fee remission. As of currently in 2025 this fee is £263.00. This fee could be paid at the time of making submitting your application or when the courts process your application. It is important to note that this is the cost for the court application for enforcement. This does not include the costs of seeking any legal advice or any representation for the hearing.

You can only apply for enforcement child arrangements order if you are:

• The person who the child named in the child arrangement order lives with or is going to live with,
• The person whose contact with the child is provided for in the child arrangements order,
• Any person a condition in the child arrangements order applies to; or
• The child concerned.

If you are looking to apply for enforcement child arrangements order you will need to complete the form c79 child arrangements as mentioned above. The only exception relates to a child. If the child concerned is looking at enforcement child arrangements order, then they must get the courts permission before making an application.

If you require more information on enforcement child arrangements order or require assistance in making this application, then contact us to speak to one of our specialists who can assist.

An enforcement order is an order made by the court. The family law court orders enforcement to ensure the parent in breach of court order complies with an order. It is a legal mechanism that transforms broken promises into binding consequences. When your ex-partner repeatedly violates court-ordered contact arrangements, enforcement proceedings compel compliance through increasingly severe court-imposed penalties.

When a contact order is breached, you have several legal remedies available. Contact order enforcement is a serious matter that courts take very seriously, with penalties ranging from fines to imprisonment and may include:

• An enforcement order or a suspended enforcement order
• Variation of the child arrangement order
• Referring parents to a separated parents information programme (SPIP)
• Order for compensation or financial loss
• Committal to prison, or
• A fine.

Our family law specialists are at hand should you wish to discuss the enforcement of child arrangement order and discuss how you can proceed.

You may want to consider using a C79 form before seeking legal advice. Our child custody specialists are happy to offer an initial consultation if you wish to arrange an appointment or you can simply call us today on 0330 094 5880.

When considering the enforcement of a child arrangements order, the courts will need to be satisfied beyond reasonable doubt that a person has failed to comply with a child arrangement order. The court has the power to carry out the enforcement of a child arrangements order in a number of ways which include:

• Referring the parties to a separated parents information program (SPIP) or mediation
• Varying the child arrangement order which could lead to a more defined order to reconsideration of the child’s living and contact arrangements. The court can also make a transfer of residence in extreme cases.
• An enforcement order or suspended enforcement order
• An order for compensation for financial loss if the court is satisfied the applicant has suffered financial losses caused by breaches.
• Committal to prison for up to 2 years for serious or repeated breaches, or
• A fine of up to £2,500 per breach.

The courts can also impose an unpaid work requirement which is also known as community service. This could last from 40 hours to 200 hours depending on the breach.

When considering enforcement of a child arrangements order the court will require the person in breach to show they had a reasonable excuse for failing to comply, which may be difficult.

Child arrangement order breaches devastate your child’s wellbeing and shatter their trust. At Kabir Family Law, we transform your evidence into compelling court cases that protect what matters most.

Strategic Evidence That Courts Trust

Successful enforcement of a child arrangements order requires systematic documentation, not isolated complaints. Our family specialists help clients focus on how breaches affect children rather than personal frustration.

Sarah’s ex-partner consistently returned their daughter two hours late from weekend visits. Our family expert helped document how delays affected sleep patterns and school preparation. Teachers provided statements about Monday tiredness, securing swift court enforcement.

Digital Proof Courts Cannot Ignore

Screenshot every cancellation text, preserve excuse-making emails, and save broken promise voicemails. Our family lawyers authenticate digital evidence properly for court proceedings.

Marcus discovered his ex-wife’s pattern of fake illness cancellations. Our team compared her WhatsApp sick claims with Facebook restaurant check-ins on identical dates. The court recognized deliberate obstruction and ordered immediate compliance.

Independent Witnesses Strengthen Your Case

School staff witness emotional distress after missed visits. Grandparents observe heartbreaking questions about absent parents. Third-party observations carry significant court weight.

James secured enforcement after his mother described their grandson repeatedly asking “Why doesn’t Mummy come anymore?” Combined with nursery reports of increased tearfulness, this prompted immediate court intervention.

Form C79 Applications: Your Legal Route Forward

When informal resolution fails, Form C79 child arrangement enforcement applications provide formal legal remedy. Our family specialists guide clients through this process, ensuring evidence meets court standards.

Courts expect specific breach logs, impact statements, and supporting documentation. Amateur attempts often fail on technical requirements that professional guidance prevents.

Why Professional Help Protects Your Child

Enforcement child arrangements order cases succeed based on evidence quality and legal presentation. Digital screenshots need authentication. Witness statements require formal formatting.
Lisa’s self-prepared application failed because screenshots lacked authentication and witness statements didn’t meet court requirements. Professional legal guidance would have prevented this costly oversight.

Don’t let broken promises continue damaging your child’s wellbeing. Contact our family law specialists today to discuss enforcing a child arrangements order and secure the consistent contact your child deserves.

Courts must be satisfied beyond reasonable doubt that breaches occurred when enforcing a child arrangements order. However, the person in breach can claim reasonable excuses for non-compliance, potentially avoiding enforcement action.

When judges accept these excuses, you have options. Return to family court if you disagree with their decision or circumstances change. Enforcement child arrangements order cases often require multiple attempts before achieving compliance.

Recognizing Patterns Courts Cannot Ignore

Notice increasing non-compliance with different excuses each time? Document every breach with dates, times, and reasons given. Our family specialists see clients who initially faced rejected enforcement applications succeed after building stronger evidence patterns.

Sarah’s first Form C79 child arrangement application failed when her ex-partner claimed work emergencies. After documenting six months of varied excuses – illness, car trouble, family commitments – our family expert helped her demonstrate a deliberate avoidance pattern that courts couldn’t dismiss.

Child maintenance after a divorce

Our team of child law specialists can assist you with the enforcement of child arrangements order following a breach. We can advise and assist you in making an application to the court. The family law court orders enforcement have many powers when considering breach of court order child contact.

What options does a court have if you are breaching a court order in the UK?

The family law court orders enforcement can take place in a range of options against the person breaching a court order. This may include imprisonment and a fine amongst many other powers. If you feel you may be breaching a court order in the UK then we welcome you to contact our child law specialists who can advise on how to avoid a breach of court order child contact.

Am I in breach of court order child contact if I am late for contact?

You may not necessarily be in breach of court order child contact if you have delayed in establishing contact with your child due to no fault of your own. If you have a Court Order in place and would like advice on stopping child contact then you may want to secure early legal advice from child custody specialists who regularly advice and assist parents on breaking court orders.

This may include delays caused due to public transport or work commitments. Should you feel there needs to be a change in the contact arrangement then you can contact one of our family law specialists who can look to assist you in ensuring you are not breaching a court order and try and vary the child arrangement order.

What is the process for enforcing an order?

To enforce a contact order, you’ll need to:
1. Document every breach with dates, times, and evidence
2. Complete Form C79 (Application for Enforcement)
3. Pay the £63 court fee (same as original application)
4. Provide sworn statement detailing each breach
5. Attend enforcement hearing with your evidence