When a Child Arrangements Order is in place, both parents are legally required to follow it. But what happens if one parent repeatedly breaches the order?
Understanding your options can help you protect your child’s routine and ensure the order is properly followed.
If the breach is ongoing, you can apply to the family court for enforcement using a C79 application form.
You will need to decide which sanctions you are seeking:
- A formal finding that the breach took place. This is serious and is likely to negatively influence the court’s view of that parent in any future court proceedings.
- Financial compensation for any losses suffered.
- Unpaid work requirements (although these are rarely imposed).
In the court proceedings, the Judge will first consider whether a breach actually occurred and whether the parent responsible had a reasonable excuse. If the Judge finds that the order was breached without justification the Judge will consider the available enforcement options.
If you do not yet have a court order, your options are more limited. Where breaches of an informal agreement become serious or persistent—and mediation or other non‑court routes have been tried—your next step may be to apply to the court for a formal Child Arrangements Order.
Repeated breaches can be stressful and disruptive. Seeking early legal advice can help you understand your rights and safeguard your child’s best interests.
For legal advice, contact us at 0117 214 1797 or email us at Office@CiTMChambers.co.uk