Family law guide
This article aims to shed light on when going against a family court order may be the only option available to a parent in order to protect their children’s safety and welfare. A court order made in the family court is held to be legally binding and must be complied with at all times unless there is a reasonable excuse for not doing so. Going against a court order is a serious offence, and court order breaches can have significant implications.
Family law is a complex and sensitive area that governs the relationships and responsibilities between parents, children, and spouses. It covers a broad spectrum of issues, including divorce, child arrangements, financial support, and parental responsibility. In family law cases, court orders play a pivotal role—they are legally binding documents that set out the rights and obligations of the parties involved. These orders are designed to promote stability, protect the best interests of the child, and ensure that everyone’s responsibilities are clear.
Breaching a court order can have significant implications, including serious legal consequences for the non-compliant parent. The legal process in family law is designed to safeguard the interests of the child and uphold the rule of law. That’s why it’s essential for all parties involved to understand their obligations and the potential outcomes of failing to comply.
If you find yourself facing a family law dispute or are unsure about your rights and responsibilities under an existing court order, seeking legal advice from an experienced family law specialist is crucial. Our family law specialists can guide you through the legal process, help you understand the implications of your actions, and ensure that the best interests of the child are always at the forefront of any decisions made.
Quite often family court orders can be broken by one party. Family court orders entail legally binding requirements, and court orders typically outline the rights and responsibilities of the parties involved. As common examples, going against a court order occurs in cases of child contact or spousal maintenance. In terms of child contact, one parent may fail to comply with the order which requires facilitating contact or visitation with the other parent. With regards to spousal maintenance, one ex-partner may stop making the agreed maintenance to the other.
In some situations a minor deviation from the court order may not be considered as amounting to breach of a court order. This could include issues where one party is unable to comply with the court order due to work or other commitments and has notified the other party. Where one party is constantly going against a family court order, the court will decide whether there has been a breach without a reasonable excuse before making an enforcement order if it is satisfied beyond reasonable doubt that a breach has occurred. In these cases, parent breaches may require legal action or legal recourse.
If an enforcement order requiring unpaid work is granted by the family court, it will be monitored by the probation service and the person in breach may have to complete unpaid work for between 40 and 200 hours. Where a party is going against a family court order which leads to a financial loss, an application for compensation for financial loss such as travel costs can also be made to the family court, and legal remedies may in appropriate cases include recovery of that loss as well as court fees and legal costs.
All contact orders made from December 2008 by a family court include a warning notice which sets out the consequences which could be imposed if the order is breached. If a court order does not contain a warning notice then a party will be unable to apply for an enforcement order where the order is breached. If however a court order is dated before December 2008 then an application will need to be made to the court to have a warning notice attached to the court order. The Form C78 will need to be completed and submitted to the family court to apply for a warning notice to be attached to the court order.
In order to apply for an enforcement order an application form will need to be completed and submitted to the family court. The application to enforce an order is made using the Form C79. If informal resolution attempts fail, a party can file a petition with the court to enforce the existing court order and seek appropriate remedies. If the order is unfair or unworkable, they should apply to the court to vary the existing order rather than ignore it. Once this form has been completed it can be submitted to the family court which made the original order or any court which has the power to deal with family law cases, starting the legal process and allowing the court to consider the available enforcement options.
Going against a family court order is a very serious breach. The courts have been given the power to find an individual who is breaching their order to be in contempt of court for failing to comply with the terms of its order. Contempt of court includes interfering with the administration of justice, and contempt proceedings can have several consequences:
In serious cases, contempt can mean even imprisonment for up to two years. This is generally reserved for the most serious cases.
Where a court order is breached in the UK, the UK courts have the power to enforce family court orders, and parties to the Order are able to make an application to enforce this order, with such orders being legally binding directions the parties must follow, as well as the courts being able to hold a person breaching the order in contempt of court. Such breaches can lead to significant court issues, as failing to comply with a family court order may result in legal consequences and further legal proceedings.
Difficulties arise where a court order from the UK family courts is breached outside the UK. Not all foreign legislations will recognise and uphold the UK family court order. Methods of enforcing UK court orders abroad depend on the nature of the order and where it is to be enforced. The most common countries where a UK family court order may still be enforced abroad are:
If a court order is breached, legal recourse is available to the affected parties, including applying for enforcement or seeking remedies through the courts.
If you are concerned with an order from the UK family court which has been breached abroad then contact our offices to discuss whether the existing court order can be enforced abroad.
Understanding this distinction matters because the consequences of breaching a family court order differ significantly depending on which route the court takes. An enforcement order is one of the court’s main enforcement action tools for securing compliance with a child arrangement order.
It typically imposes an unpaid work requirement of between 40 and 200 hours, monitored by probation services. Contempt of court proceedings represent a more serious escalation. The consequences of breaching a family court order through contempt can include fines, asset seizure, or imprisonment for up to two years. Courts generally reserve contempt proceedings for persistent, deliberate defiance rather than isolated breaches. The consequences of breaching a family court order through enforcement orders focus on achieving future compliance.
The consequences of breaching a family court order through contempt proceedings focus on punishing past defiance. Most enforcement applications result in enforcement orders rather than contempt findings. Courts prefer graduated responses.
A first breach might result in a warning or referral to mediation. Repeated breaches might trigger an enforcement order. Only sustained, wilful defiance typically leads to contempt proceedings, with imprisonment usually reserved for extreme cases. Our family law specialists can advise on which approach best suits your circumstances and what consequences you might realistically face.
It is important to note that it is a child’s legal right to have access to both parents in their life. A parent cannot stop a child from seeing the other parent unless access will be harmful, and only where this is consistent with the child’s safety, child’s welfare, and the interests of the child. In some instances where there is no existing court order in relation to child access and child contact one parent may attempt to prevent a relationship of the child with the other parent. However the child’s welfare and safety should be the primary consideration and not personal agenda’s between disputing parents.
In the absence of a court order parents should attempt to resolve child disputes amicably amongst themselves, and mediation is one of the alternative dispute resolution methods available before court.
Where parents are unable to resolve disputes amicably between themselves, at Kabir Family Law our child law specialists can assist with mediation and other alternative dispute resolution methods to try and help with reaching a solution out of court and promote stability for the child involved and their well being. Where a solution is not possible to be reached then we can assist with making an application to the family court to obtain a child contact order to help reunite parents with their children.
Where an existing child contact order is in place a parent cannot stop a child from seeing the other parent as this could amount to contempt of court and could also lead to enforcement proceedings, both of which are serious and have serious implications. The only exception to stopping a child from seeing the other parent is where there are concerns to the welfare and safety of a child, and any such decision will be assessed by reference to the child’s best interests and potential harm. In such a situation the courts may consider further evidence and may look to make a variation to the existing court order.
Quite often a mother may find herself with having obtained a court order from the family court which provides for them to have residency of the child and to allow contact for the father. We often hear about mothers breaking court orders where they do not facilitate the contact between the child and the father.
As discussed above the courts regards such a breach seriously and have the powers to enforce the order where such a breach occurs. Mothers breaking court orders can be avoided if the mother is able to provide reasons for them failing to comply. Rather than stopping contact or breaching the order mothers can contact the further to raise any concerns or make them aware of any issues. Initially this could be done informally and if no action is taken then mothers can formally write to the father with their reasons. This formal correspondence could also be used as evidence within the family court should further breaches occur.
Mothers also have the option of making variations to existing current family court orders rather than mothers breaking court orders. Attempts to make an urgent variation order can often be the best solution before a mother completely failing to comply with current court orders. Mothers are able to make variation orders where the father is not agreeable to vary the order by consent or reach an agreement to an alternative arrangement in writing.
Mothers often find themselves in a predicament where they have made an application to vary the court order but the matter may not be listed for until after the child is due to spend time with the father. Mothers find themselves in a difficult position where they will be breaking a court order and be in contempt of court if they don’t follow the order and other hand there may be a risk of harm to the child if the contact proceeds as per the court order. Where an application for a variation to an existing court order is made and the mother can prove she has taken reasonable steps to discuss the issues with the father, the court will consider the child’s best interests when deciding whether the breach was reasonable, with the child’s well being remaining central to that assessment, and may not criticise the mother for her actions in breaching the order where the intentions are purely based on the best interests and welfare of the child.
Family law specialists can often provide advice and assistance on how to avoid mothers breaking court orders. At Kabir Family Law we can provide tailored consultations and advice to deal with your specific concerns. Our family lawyers could assist by helping you understand the implications of breaching court orders and could provide guidance on the steps that can be taken to avoid such breaches. Where needed we can assist you in contacting the other parent to try and reach an amicable solution which will avoid the need for court orders to be breached.
It is strongly recommended that you consult a family law specialist and seek legal advice before taking any action that could result in breaching a family court order, to ensure you fully understand your legal position and options.
Case law suggests that, as part of the legal process, mothers can be imprisoned for failing to comply with current orders in place, especially where persistent breaches create further court issues. The case of Gibbs v Gibbs is an example of the serious implications where the father made an application to commit the mother to prison for constantly breaching the court orders. The judge rules that “in light of the mother’s continued defiance, unwillingness to change, and lack of insight on the impact of the impact of her behaviour” he was left with no other option but to commit her to prison for 9 months. Contact our team today to discuss how you can avoid being in breach of family court orders. Contact our family lawyers in York today to discuss how you can avoid being in breach of family court orders.
Where a father is breaking court orders, the mother should try and amicably approach the father to try and ascertain the reason behind this. Parents should attempt to initially resolve the matter between them without the need of the Courts intervention. Where there is no development then mediation and or assistance from family lawyers should be sought which may lead to an existing being reached, and repeated obstruction may show a non compliant parent pattern.
Where a mother has attempted to resolve the issues and the father is still consistently breaching an order in place then application can be made to enforce the terms of the order which could lead to the father carrying out unpaid work as well as being punished and or fined for being in contempt of court. The courts also have the power to amend the existing contact order, including changing how much contact takes place, and the living arrangements for the child if the breaches continue. If one party consistently undermines the child’s relationship with the other party, the court may take this into account in future decisions as parental alienation. These are parental alienation considerations the court may weigh when deciding what arrangements are in the child’s best interests.
The courts can also utilise other resources such as ordering a parent to take part in programmes or counselling and the use of Family Assistance orders to ensure families are adhering to and promoting contact between the child and parents
Quite simply child arrangement orders are orders of the court and must be complied with at all times. There are various sanctions which could apply if a child arrangement order is breached which range from a fine to a custodial sentence for repeated breaches. However there may be times where one parent will need to breach the court order. One parent may argue they have a reasonable excuse to breach child arrangement order. This could be related to the child itself, i.e. the child does not want to go for contact on that specific day or they have an alternative arrangement made. In such situations it would be wise for parents to communicate between themselves and make the other parent aware to see if alternative contact can be arranged as opposed to breaching the order, as breaching a court order can result in potential harm to the child or parent, including emotional distress and instability.
Court orders are legally binding, but they’re not absolute when child safety is at risk. Having a reasonable excuse to break court order means you’ve acted on legitimate concerns, not personal preference.
Your primary duty is protecting your child. If new evidence emerges—substance abuse, domestic violence, concerning behaviour—breaking court order to protect child becomes justified. Courts recognise parents sometimes face impossible choices between legal compliance and child welfare.
A reasonable excuse to break court order exists when following it would expose your child to harm. The challenge is proving this later. That’s where professional legal guidance becomes essential—understanding not just whether to act, but how to protect your legal position while protecting your child.
When assessing whether a breach was justified, the court will always consider the child’s best interests as the primary factor.
Understanding what counts as reasonable excuse court order isn’t straightforward. The legal threshold is higher than most parents realise, but lower than fearful parents assume. Courts apply a specific test that considers timing, proportionality, evidence quality, and your conduct before and after the breach.
Court orders entail specific rights, responsibilities, and obligations for all parties, particularly regarding child arrangements, to ensure the child’s best interests and stability.
Child disclosures, substance abuse evidence, unsafe environments, genuine medical emergencies, and mental health crises can all justify stopping contact to protect child. However, the mere existence of these concerns doesn’t automatically create reasonable excuse. The question becomes: how recent is the concern? How severe? How well-documented? What alternatives did you consider?
What counts as reasonable excuse court order also depends on what you did immediately afterward. Did you communicate appropriately? Seek professional involvement? Make emergency court applications? Offer alternatives? Two parents with identical concerns can face completely different outcomes based solely on their response strategy.
The framework for assessing reasonable excuse is complex and fact-specific. What worked as justification in one case may fail in another with subtly different circumstances. Professional assessment of your specific situation is essential.
When disagreements arise over child arrangements or other family law matters, mediation and alternative dispute resolution methods can offer a constructive path forward. Mediation involves a neutral third party who helps both parents communicate and work towards a mutually acceptable agreement, often making the process less adversarial and more focused on the child’s well-being. Other alternative dispute resolution methods, such as arbitration, can also be used to resolve disputes without the need for lengthy court proceedings.
These approaches are generally quicker, less stressful, and more cost-effective than going to court. They allow the parties involved to retain more control over the outcome and can help preserve a cooperative relationship, which is especially important when children are involved. However, successful mediation or alternative dispute resolution requires both parties to be willing to engage in good faith and prioritise the interests of the child.
It’s important to seek legal advice from an experienced family law specialist before entering into any alternative dispute resolution process. Our family lawyers can help you understand your options, prepare for mediation, and ensure that any agreement reached is fair and legally sound. In situations where informal resolution attempts fail or where the child’s welfare is at risk, our family law specialists can advise on the appropriate legal remedies and arrange appropriate representation for you in court if necessary. Ultimately, the goal is to resolve disputes in a way that protects the child’s best interests and upholds the law.
If you as a parent feel that the parent who is in breach of a child arrangements order is repeatedly using the same excuse and stating this is a reasonable excuse to breach a child arrangement order then you should consider seeking legal advice. As with any breach you should keep detailed records of each breach, including the dates, times, and supporting evidence such as messages, emails, or similar material, along with what excuse was used for not complying with the child arrangements order.
You should try to establish whether there is a reoccurring theme or a pattern in when the order is breached under the pretext of there being a reasonable excuse to breach child arrangement order. In such situations there may be deliberate and intentional breach of a child arrangement order by one place. In such instances our family law specialists can assist you in assessing the breach and if necessary assist you with your enforcement application to the court, and these records can strengthen any enforcement application.
Knowing how to report unsafe contact arrangements strengthens your legal position significantly. Professional involvement from children’s services, police, CAFCASS, schools, and medical professionals provides independent validation courts value highly.
However, there’s strategic timing and approach to involving these agencies. Reporting too broadly or at the wrong stage can complicate your position. Conversely, failing to involve appropriate professionals when concerns warrant it undermines your credibility. Understanding which agencies to contact, when, and what information to share requires judgment.
How to protect child from unsafe contact includes building a network of professional documentation, but this network must be constructed thoughtfully. Each professional contact becomes part of your evidence trail. What you report, how you frame it, and the response you receive all become relevant to later court proceedings.
How to report unsafe contact arrangements effectively while protecting your legal interests isn’t intuitive. Most parents either under-report (weakening their position) or over-report in ways that create complications. Strategic guidance ensures you’re building support rather than creating problems.
Quite often despite a court order for spousal maintenance, including obligations arising from a financial settlement, an ex-partner may suddenly stop paying this maintenance. If this occurs the courts have the power to enforce the order under part 33 of the Family Procedure Rules 2010 and could also order for the arrears to be paid swiftly.
With an enforcement the person responsible for paying the spousal maintenance can be liable to pay the arrears and the interest on the unpaid amount of spousal maintenance. Such an action must be bought within 12 months to bring an enforcement. Where the arrears are more than 12 months permission will be needed from the court first to collect these.
In addition to arrears and interest, the court may require the non-compliant party to pay the other party’s legal costs incurred as a result of the breach, which can include representative’s fees and court fees. These financial consequences are intended to ensure compliance with the order and compensate the party affected by the breach.
The court could also issue a judgement summons which carries a threat of imprisonment where a breach takes place. Contact our offices today to find out how we can assist you in enforcing the order relating to your spousal maintenance following your divorce where your ex-partner is failing to make such payments.
You might be wondering whether prohibited steps orders are breached given they are an order preventing a person from specifically carrying out a certain course of action. This may be a prohibited steps order to prevent one parent from removing a child from the care and control of another parent, or even preventing one parent from removing the child out of the country. If you are a parent against whom a prohibited steps order has been made you may find you question yourself what happens if i break a prohibited steps order.
Court orders typically outline the rights, responsibilities, and obligations of the parties involved, especially regarding child arrangements and living arrangements, to ensure stability and the child’s best interests.
It is important to note that a breach of a prohibited steps order is seen as a contempt of court. If you break a prohibited steps order and the other parent applies to the court for an enforcement of the order the courts even reverse the prohibited steps order by making an alternative order such as a specific issue order. This means the court could potentially make an order for the child to be returned to the other parent, if the matter concerns international travel then the courts may consider an order to place the child’s passport safely to prevent this. Therefore whilst questioning what happens if i break a prohibited steps order you might want to remember that this could even lead to a custodial sentence or even worse the child being removed from your care and placed with the other parent.
When breaking court order to protect child becomes necessary, your immediate response determines your legal exposure. There’s a specific sequence of actions that minimises consequences—but most parents don’t know it, and getting it wrong is costly.
How you communicate with the other parent matters enormously. The words you choose, the medium you use, the timing of communication, and what you do or don’t include can either support or destroy your reasonable excuse defence. There’s language that helps and language that damages your position, even when describing identical situations.
How to protect child from unsafe contact while managing legal risk requires understanding multiple intersecting considerations. You’re not just stopping contact—you’re creating a defensible legal narrative that will be examined by judges, CAFCASS officers, and potentially enforcement proceedings. Every action you take now becomes evidence later.
Professional involvement, communication strategy, alternative arrangements offered, and the specific steps taken in the first 24-48 hours after breaching can mean the difference between courts viewing you as protective versus obstructive. Breaking court order to protect child successfully—both in terms of child safety and legal outcome—requires strategic guidance most parents lack. If a court order is breached to protect a child, seeking appropriate remedies, such as enforcement applications or other legal actions, is essential to ensure compliance and safeguard the child’s best interests.
Before you act, understand what happens if I break a family court order. The consequences depend entirely on factors most parents don’t consider—timing, documentation quality, communication approach, and whether you’ve taken specific legal steps before or immediately after the breach.
Professional legal advice for breaking court order helps you assess whether your concerns meet judicial thresholds for reasonable excuse. More importantly, experienced family law specialists help clients understand the available legal remedies, pursue appropriate legal action, structure your evidence, frame your communications, and position your actions to minimise legal risk while maximising child protection.
There’s a significant difference between parents who act alone versus those who seek legal advice for breaking court order beforehand. Courts view these situations completely differently. The questions specialists ask, the documentation they recommend, and the immediate next steps they advise can help identify the most appropriate remedies before formal action is taken and transform your position from indefensible to justified.
Emergency consultations exist specifically for these impossible situations. Getting advice beforehand isn’t seeking permission—it’s ensuring your protective actions withstand legal scrutiny.
Keep in mind that seeking legal advice and enforcement may result in family specialist and other legal fees incurred, which could be recoverable from the non-compliant party.
Absolutely. Fines are common sanctions, though the amount depends on breach severity and your financial situation. Courts also have powers to seize assets, order community service or unpaid community work, or in serious cases, impose prison sentences. The goal isn’t punishment—it’s getting compliance. If you’re worried about financial penalties, our family lawyers can advise you on the best way of responding to allegations based on your circumstances.
The order stays legally binding even if you both agree to do something different. Even if former partners reach an informal agreement and are both happy with it, the original order still applies until the court changes it, so if things turn sour you’re stuck reverting to that order. Informal agreements have zero legal protection. Smarter move? Apply jointly to vary the order properly. Our family lawyers can advise you on the best way of formalising changes so everyone’s protected.
There’s no magic number. One serious breach can land you in prison if it’s bad enough—think child endangerment or blatant defiance. Usually though, first breaches get warnings, fines, or unpaid work orders. Repeated breaches show a pattern, and that’s when custody becomes likely. Courts look at severity, intent, and whether you’re taking them seriously. Our family law specialists can provide assistance and guidance if you’re facing contempt allegations.
Genuine emergencies absolutely can. We’re talking serious illness, hospitalisation, immediate safety threats, or impossible travel conditions. Key word: genuine. Not “the child has a birthday party” or “we fancy a day out.” Document everything, tell the other parent immediately, and be prepared to prove it was unavoidable. Courts understand real emergencies but hate excuses dressed up as emergencies. Our family law experts can advise you on handling emergency situations while protecting your legal position.
Yes—and you should. Varying the order beats breaching it every time. If circumstances have genuinely changed (relocation, work shifts, safety concerns), apply using Form C100. Try agreeing with the other parent first—courts prefer consent orders. Variations take time though, so if safety’s urgent, you need legal advice fast. Our family law experts can guide you on making emergency applications while keeping you on the right side of the law.
It can seriously damage your credibility. Judges notice who follows orders and who doesn’t. Compliance shows you’re reliable and cooperative—qualities courts value. Persistent breaches make judges question whether you support your child’s relationship with the other parent. In bad cases, it can lead to reduced contact or changed living arrangements. However, breaches for genuine child welfare reasons get viewed differently. Our family law experts can help you rebuild trust with the court if you’ve been in breach.
Yes. In some cases, repeated non-compliance may also lead the court to order you to pay the other party’s legal fees incurred. Persistent breaches preventing contact can lead to your child living with the other parent. This is extreme but happens when you’ve ignored repeated warnings and harmed your child’s welfare. Our family lawyers can help you address concerns properly through legal channels instead.
At Kabir Family Law, our family lawyers purely deal with all aspects of family law including child law matters and divorce matters. If you are a concerned partner or ex-partner and are experiencing a breach of an court order contact us today on 0330 094 5880 to discuss your options or let us call you back. You can otherwise book a time that suits you.
8 of 26 guides — scroll sideways for more
Short videos from the Kabir Family Law team, explaining family law in plain English.
We are a team of legally trained family law and divorce specialists with years of experience across all areas of family law. We are not part of a firm of solicitors, do not undertake legal reserved activities unless permitted and are therefore entirely independent. Please subscribe to our mailing list.
Type a topic to see the pages that cover it, or choose one below.
Or choose a topic
Or call us on 0330 094 5880
Going through a divorce or separation can the loneliness time in your life, here at Kabir Family Law we are here to guide and support you through every step of the way.
0 CommentsComment on Facebook
Kabir Family Law are experts in family law matters, we can help with anything no matter how big or small.
0 CommentsComment on Facebook
When ‘I Do’ turns into ‘I Don’t’, it’s time to contact Kabir Family Law.
0 CommentsComment on Facebook
Kabir family law brings hope to families in times of crisis. Contact us today.
From prenuptial agreements to divorce and everything in between our experts at Kabir Family Law can help and guide you through all of life’s challenges.
When the roots are deep there’s no reason to fear the wind. Kabir Family Law
You do not need the right words. Tell us what is happening, or pick whatever comes closest.
What is happening?
