Form C79: Your Complete Guide to Enforcing Child Arrangements Orders in the Family Court

Part of: Enforcement of a Child Arrangement Order

When a Child Arrangements Order is not being followed, you have the legal right to take action. The form C79 serves as your formal application to the family court to enforce the existing order and ensure your child maintains their relationship with both parents. This comprehensive guide explains everything you need to know about the C79 court form, from understanding when to use it through to navigating the entire enforcement process successfully.

At Kabir Family Law, our specialist child lawyers have helped countless families across the UK resolve enforcement disputes. We understand how distressing it can be when a court order that was designed to protect your child’s welfare is being ignored. The emotional toll on both you and your children can be significant, which is why understanding the C79 form family court process thoroughly before you begin can make a substantial difference to your experience and outcome.

What is Form C79 and When Should You Use It?

The form C79 is the official court document used in England and Wales to apply for enforcement of a Child Arrangements Order. This form enables you to ask the C79 family court to take action when the other parent is not complying with the terms of an existing order. The court takes breaches of Child Arrangements Orders seriously because non-compliance directly affects your child’s welfare and their right to maintain meaningful relationships with both parents.

You should consider using the C79 court form when you have documented evidence that the other parent is repeatedly failing to follow the arrangements set out in your court order. Common scenarios include situations where a parent refuses to make the children available for contact, consistently arrives late for handovers, prevents telephone or video calls that were agreed in the order, or unilaterally changes arrangements without consent or proper application to the court.

Understanding the C79 Enforcement Order Cost and Court Fees

Many parents asking about the C79 enforcement order cost want to understand the full financial implications before proceeding. As of April 2025, the court fee for submitting a form C79 application stands at £263. This fee applies to applications for enforcement orders and applications for compensation for financial loss resulting from breaches of the Child Arrangements Order.

If you are on a low income or receive certain benefits, you may qualify for help with the C79 enforcement order cost through the Help with Fees scheme. To apply for fee remission, you need to complete Form EX160 and submit it alongside your C79 form family court application. Depending on your financial circumstances, you may receive a full or partial fee waiver, making access to justice more achievable for families facing financial constraints.

Beyond the initial court fee, you should also consider potential additional costs. If you choose to instruct family lawyers to assist with your application, their fees will vary depending on the complexity of your case. However, you can make the application yourself as a litigant in person, and many parents successfully navigate the C79 family court process without legal representation, particularly in straightforward cases.

How Long Does a C79 Take? Timeline and Process Explained

Parents frequently ask “how long does a C79 take?” and the answer depends on several factors specific to your case. Typically, the entire process from submission to resolution takes between two and three months, though more complex cases may take longer. Understanding each stage of the process helps you prepare appropriately and manage your expectations throughout.

After you submit your form C79 to the family court, the court office reviews your application to ensure it has been completed correctly and includes all necessary supporting documentation. This initial processing stage usually takes between two and four weeks. During busy periods, courts may experience delays, so it is worth contacting the court office if you have not heard anything after three weeks to confirm receipt and check on progress.

Once the court issues your application, they will list the matter for a directions hearing. The court sends copies of your C79 court form and supporting evidence to the respondent, giving them opportunity to respond. At the first hearing, a judge or legal adviser will assess the application and determine the appropriate next steps based on whether the facts are agreed or disputed.

Step-by-Step Guide to Completing the C79 Form Family Court Application and Common Mistakes

Completing the C79 form family court application correctly from the outset saves time and reduces the risk of delays. The form consists of several parts that require specific information about your case, the existing Child Arrangements Order, and the breaches that have occurred. Despite the similar name, this C79 family court form is not a claim form to reclaim VAT.

Part 1: Details of the Existing Order

The first section of the form C79 asks you to provide details about the current Child Arrangements Order. You need to include the court case number, the date the order was made, and specify which arrangements the order covers. Attach a copy of the existing order to your application, as this helps the court understand precisely what arrangements were agreed and what constitutes a breach.

Part 2: Type of Order You Are Seeking

This section of the C79 court form requires you to specify what type of enforcement action you are requesting. Your options include applying for an enforcement order requiring unpaid work, seeking compensation for financial losses caused by the breach, revoking an existing enforcement order, or amending an enforcement order due to a change in circumstances.

Part 3: Personal Details

You must provide your personal details including name, address, and contact information. If you have safety concerns and need to keep your address confidential, you should complete Form C8 alongside your C79 family court application. The court and CAFCASS will then keep your contact details confidential from the other party.

Part 4-8: Children’s Details and Supporting Information

The remaining sections of the form C79 collect information about the children involved, the respondent, details of the alleged breaches, and any other ongoing court proceedings. Be thorough and factual when describing breaches, including specific dates, times, and the nature of each incident. The more detailed and accurate your information, the stronger your application will be.

What Evidence Do You Need for a C79 Family Court Application?

Strong evidence significantly strengthens your C79 form family court application. The court needs to be satisfied beyond reasonable doubt that the Child Arrangements Order has been breached, so gathering comprehensive documentation before submitting your application is essential.

Essential evidence to support your form C79 includes:

• A detailed breach diary recording dates, times, and specific details of each incident
• Text messages, emails, or WhatsApp communications showing refusal of contact or breaches
• Witness statements from family members, friends, or professionals who observed the breaches
• Financial receipts or booking confirmations for cancelled holidays, activities, or events
• Any mediation certificates showing you attempted to resolve matters before court proceedings
• A copy of the existing Child Arrangements Order

Court Powers and Sanctions Following a C79 Court Form Application

When the C79 family court finds that a Child Arrangements Order has been breached without reasonable excuse, judges have wide-ranging powers to enforce compliance and address the breach appropriately. Understanding these powers helps you appreciate what outcomes may result from your application.

Enforcement Orders and Unpaid Work Requirements

The court can impose an enforcement order requiring the breaching party to complete between 40 and 200 hours of unpaid work. CAFCASS monitors compliance with these orders and reports back to the court. The nature of the unpaid work is determined by the Probation Service and must be completed within a specified timeframe. This sanction serves both as punishment for past breaches and a deterrent against future non-compliance.

Compensation for Financial Loss

If you have suffered financial losses due to the breach, you can apply for compensation as part of your form C79 application. Common examples include the cost of pre-booked holidays that had to be cancelled, childcare expenses incurred due to last-minute changes, or lost travel costs. The court considers the respondent’s financial circumstances when determining the compensation amount.

Variation of the Child Arrangements Order

The C79 court form process may also result in the court varying the original Child Arrangements Order. The court might make the order more specific and detailed to reduce ambiguity, adjust living arrangements, or modify contact schedules. In some cases, the court may reconsider whether the current arrangements continue to serve the child’s best interests.

Additional Court Powers

Other powers available to the court include ordering parties to attend Separated Parents Information Programmes (SPIP), referring parties to mediation, or in serious cases, pursuing contempt of court proceedings which can result in fines or imprisonment. The court always considers the welfare of the children when deciding which sanctions are appropriate and proportionate.

The Role of CAFCASS in C79 Enforcement Proceedings

CAFCASS (Children and Family Court Advisory and Support Service) plays a significant role in C79 family court proceedings. The court may ask CAFCASS to provide a Section 7 welfare report, ascertain the wishes and feelings of the children involved, or assess the suitability of enforcement measures such as unpaid work requirements.

CAFCASS Family Court Advisers prioritise the welfare of children throughout the process. Their reports help the court understand the impact of the breaches on the children and the likely effects of any proposed sanctions on both the children and the parents. If enforcement orders are made, CAFCASS monitors compliance and reports any further breaches back to the court.

When considering enforcement action, particularly unpaid work requirements, CAFCASS may be asked to assess whether such orders would be appropriate given the respondent’s circumstances. They consider factors including the person’s work commitments, religious beliefs, caring responsibilities, and any physical or mental health issues that might affect their ability to complete unpaid work. This assessment ensures that any enforcement measures are both proportionate and practical.

Understanding Reasonable Excuse Defences in C79 Form Proceedings

When responding to a form C79 application, the alleged breaching party may claim they had a reasonable excuse for not complying with the Child Arrangements Order. The court cannot make an enforcement order if satisfied that the person had a reasonable excuse, so understanding this defence is crucial for both applicants and respondents.

The burden of proving reasonable excuse lies with the person claiming it, and they only need to prove this on the balance of probabilities. This is a lower standard than the beyond reasonable doubt threshold that applies to proving the breach itself. Genuine medical emergencies involving the child, legitimate safeguarding concerns supported by evidence, and situations where compliance was genuinely impossible may constitute reasonable excuses.

However, the C79 family court takes a strict approach to reasonable excuse claims. A child saying they do not want to go, general inconvenience, disagreements between parents about minor matters, or the parent’s own preferences are unlikely to be accepted as reasonable excuses. The court expects parents to facilitate compliance with orders and to work cooperatively in their children’s best interests.

Alternatives to C79 Court Form Proceedings

Before pursuing a C79 court form application, you should consider whether alternative approaches might resolve the situation more quickly and with less conflict. Courts expect parties to have attempted informal resolution where appropriate before issuing enforcement proceedings.

Family mediation offers a structured environment for discussing breaches and finding solutions without court involvement. A skilled mediator can help both parties understand each other’s concerns and work towards modified arrangements that both can comply with. While mediation is not mandatory for enforcement applications, demonstrating that you attempted this approach shows the court you have acted reasonably.

Direct negotiation through family lawyers can also resolve disputes before they escalate to formal form C79 proceedings. Sometimes a formal letter from a legal representative highlighting the consequences of continued non-compliance is sufficient to encourage the other party to start following the order. This approach can save time, reduce costs, and preserve family relationships better than contested court proceedings.

If circumstances have genuinely changed since the original order was made, applying to vary the Child Arrangements Order using Form C100 may be more appropriate than enforcement. Variation applications allow the court to reassess arrangements based on current circumstances, which may result in a more workable order that both parties can realistically comply with going forward.

Where to Submit Your Form C79 Application

You can submit your form C79 to the family court where your original Child Arrangements Order was made, or to any family court. Generally, applications should be issued at the court closest to where the child lives. You can send your application by post or email to the court office.

When submitting by post, you should send three copies of your completed C79 court form, position statement, and all supporting evidence. If submitting by email, you only need to attach one set of documents. Include your telephone number in your covering email so the court can contact you to arrange payment of the court fee.

Frequently Asked Questions About Form C79

Below we answer the most common questions our specialist family lawyers receive about the C79 form family court process.

Do I need to attend mediation before submitting a form C79?

No, you do not need to attend a Mediation Information and Assessment Meeting (MIAM) before submitting a form C79 application. Enforcement applications are exempt from the mediation requirement. However, the court still encourages parties to attempt to resolve matters amicably where possible, and demonstrating that you have tried informal resolution can strengthen your application.

What is the current C79 enforcement order cost?

The current C79 enforcement order cost is £263 as of April 2025. If you are applying for the court to take action following a breach of an existing enforcement order, the fee is £116. You may be eligible for fee remission through the Help with Fees scheme if you receive certain benefits or have a low income.

How long does a C79 take from start to finish?

When parents ask “how long does a C79 take”, they can typically expect the process to take between two and three months. However, more complex cases requiring additional evidence, witness statements, or CAFCASS reports may take longer. Delays can also occur during busy court periods.

Can I make a C79 form family court application without a lawyer?

Yes, you can submit a C79 form family court application as a litigant in person without legal representation. Many parents successfully navigate the process themselves, particularly in straightforward cases. However, if your case is complex or you feel uncertain about the process, seeking advice from specialist child lawyers can provide valuable guidance and support.

What constitutes a “reasonable excuse” for breaching a Child Arrangements Order?

The C79 family court considers each case individually when assessing reasonable excuse claims. Genuine emergencies, serious illness of the child, or legitimate safeguarding concerns may constitute reasonable excuses. However, general disagreements with the order, inconvenience, or the child simply saying they do not want to go are unlikely to be accepted as reasonable excuses by the court.

What happens if the other parent continues to breach the order after a C79 court form application?

If breaches continue after enforcement proceedings, the court can take escalating action. This may include adding additional hours to unpaid work requirements, making a second enforcement order, imposing fines, or in serious cases, pursuing contempt of court proceedings which can result in imprisonment. The court takes persistent non-compliance very seriously.

Can I apply for urgent enforcement without notice to the other parent?

Yes, you can make a form C79 application without notice (ex parte) in emergency situations. You must explain to the court why the matter is urgent and why it needs to be dealt with immediately without notifying the other parent. The court will consider whether the circumstances justify proceeding without notice.

Will the C79 court form process affect my child’s living arrangements?

The C79 court form process could potentially result in changes to living arrangements, though this is not automatic. The court’s primary consideration is always the child’s welfare. If persistent breaches indicate that current arrangements are not serving the child’s best interests, the court may vary the order, including reconsidering where the child should live.

Do I need a warning notice on my order before applying for enforcement?

All Child Arrangements Orders made or varied since 8 December 2008 automatically include a warning notice explaining the consequences of non-compliance. If your order predates this and does not contain a warning notice, you can apply to attach one using Form C78. The warning notice must be in place before the C79 family court can make an enforcement order.

Can I claim back my costs through the C79 enforcement order process?

You can apply for compensation for financial losses directly caused by the breach as part of your form C79 application. However, the family court does not routinely make costs orders against parties in private children law proceedings. In exceptional circumstances where one party has behaved unreasonably, the court may consider a costs order, but this is relatively rare.

What standard of proof applies in C79 form family court proceedings?

For the court to make an enforcement order, you must prove beyond reasonable doubt that the Child Arrangements Order has been breached. This is a higher standard than the usual balance of probabilities applied in family proceedings. However, if the respondent claims they had a reasonable excuse for the breach, they only need to prove this on the balance of probabilities.

How Kabir Family Law Can Help With Your Form C79 Application

Navigating the C79 family court process can feel overwhelming, especially when you are already dealing with the emotional stress of enforcement issues. Contact Kabir Family Law, where our specialist family lawyers have national expertise in helping grandparents, step-parents, and parents with complex children matters.

Our team provides strategic guidance through every stage of the form C79 process, from initial case assessment and evidence gathering through to court preparation and ongoing support. We have helped numerous clients in similar situations, achieving positive outcomes that protect their children’s welfare and restore meaningful family relationships.

Whether you are dealing with repeated breaches, facing complex circumstances involving allegations, or simply need expert advice on your options, our child lawyers provide compassionate, professional support tailored to your specific situation. We understand that every family is different, and we work closely with you to develop the most effective strategy for your case.

Arrange a Free Consultation Today on Guidance with your Form C79 Application

Contact Kabir Family Law today to discuss your C79 court form application and discover how our national expertise can help you protect your child’s relationship with both parents. Our initial consultations provide clarity on your options and the likely process ahead.

If the other parent is ignoring your Child Arrangements Order and contact keeps breaking down, specialist advice on Form C79 enforcement can make all the difference to your child’s relationship with you. Contact Kabir Family Law on 0330 094 5880 to arrange your free consultation or let us call you back . You can otherwise book a time that suits you.

Our child law experts regularly advise parents, grandparents and step‑parents on C79 applications, evidence gathering for breaches, reasonable excuse arguments, and alternatives such as variation applications or mediation. Whether you need urgent enforcement, help assessing if a breach meets the “reasonable excuse” threshold, or guidance on CAFCASS involvement and possible sanctions, we provide clear, strategic guidance focused on your child’s welfare.

With offices in York, London, Newcastle, Nottingham, Cardiff, Northampton, Oxford and across the UK, Kabir Family Law offers local meetings backed by national enforcement experience in the family courts. Flexible appointments mean you can get timely advice before issuing your Form C79, responding to an application, or attending enforcement hearings, so you are not facing the process alone.