What to Do If Your Ex Breaches a Child Arrangements Order
A child arrangements order is a legally binding court order specifying where a child lives and/or how much time they spend with each parent. Breaching it without good reason is contempt of court with serious consequences.
Quick Answer
If your ex has breached a child arrangements order, you can apply to the family court to enforce it under s.11J of the Children Act 1989. The court has powers to impose unpaid work requirements, financial compensation, and ultimately committal to prison for repeated wilful breach. Keep a record of every breach with dates and evidence. Consider whether a Child Arrangements Programme (CAP) referral or CAFCASS involvement might resolve the underlying issue first.
Full Explanation
A child arrangements order (CAO) made under s.8 of the Children Act 1989 is a court order and therefore legally binding on both parties. A CAO specifying that a child 'lives with' a particular parent or 'spends time with' a parent must be complied with. Without reasonable excuse, failure to comply is a civil contempt of court and can be enforced by the court.
The enforcement regime for child arrangements orders was significantly strengthened by the Children and Adoption Act 2006, which inserted sections 11J–11O into the Children Act 1989. Under s.11J, where the court is satisfied beyond reasonable doubt that a person has failed to comply with a CAO without reasonable excuse, it can make an enforcement order requiring the person to do unpaid work (up to 200 hours). This is a standalone sanction designed specifically for CAO breaches and does not require imprisonment proceedings.
In more serious cases — particularly where there is persistent and deliberate breach — the resident parent or the court itself can apply for the non-complying party to be committed to prison for contempt. This is a last resort and requires the breach to be proved beyond reasonable doubt. Courts prefer to resolve arrangements disputes in ways that serve the child's welfare, but they will not hesitate to use strong enforcement powers where a parent is deliberately and unreasonably flouting court orders.
Before making an enforcement application, consider whether there is a 'reasonable excuse' that the other parent might raise — for example, the child was ill, there was a genuine emergency, or the child (particularly an older child) refused to go. Courts take a less interventionist approach where an older child has consistently expressed their own wishes and feelings. However, a pattern of obstruction is treated seriously regardless of excuses.
The Child and Family Court Advisory and Support Service (CAFCASS) may be directed by the court to advise on the child's welfare and the reasons for the breach. Their report can significantly influence the outcome. Contact a family law solicitor before making an enforcement application to assess whether direct resolution, mediation, or a formal application is most appropriate in the specific circumstances.
Legal Basis
- §Children Act 1989, s.8 (child arrangements orders) and ss.11J–11O (enforcement)
- §Children and Adoption Act 2006 (enforcement provisions)
- §Family Procedure Rules 2010, Part 37 (committal for contempt in family proceedings)
- §Re S (A Child) [2010] EWCA Civ 325 (enforcement principles and child's welfare)
What To Do
Record Every Breach
Keep a written log of every breach with: the date and time of the order provision being breached; what actually happened; any communication from the other parent about why they did not comply; and any impact on the child. Keep copies of all text messages and emails.
Write to the Other Parent
If the breach appears to be a misunderstanding or a one-off, write to the other parent pointing out the specific provision of the CAO that has been breached and requesting compliance in future. Keep this letter as evidence of the notification. This also demonstrates to the court that you attempted to resolve the issue without proceedings.
Consider Mediation
The court will expect you to have attempted mediation (or to have attended a MIAM) before making an enforcement application, unless the matter is urgent or there are safeguarding concerns. Mediation can resolve practical issues about how the order is working without the expense of court proceedings.
Make an Enforcement Application Under s.11J
File Form C79 at the family court to make an application for enforcement of a CAO. Pay the required fee. The application will be listed for a hearing, at which the court will consider whether a breach occurred, whether there is a reasonable excuse, and what order to make.
Consider Whether a Variation of the CAO Is Needed
If the underlying cause of the breach is that the original order is no longer workable (for example, because the child's needs or living arrangements have changed), consider applying to vary the CAO rather than simply enforcing it. The court's paramount consideration is always the child's welfare.
Important Deadlines
Important Warnings
If there are safeguarding concerns — for example, if you believe the child is at risk of harm in the other parent's care — do not simply enforce the CAO. Contact CAFCASS, social services, or the court immediately.
Self-help remedies (such as refusing to return the child or changing the child's school without consent) are themselves breaches of the CAO and can seriously damage your position in court.
If your ex has taken the child to another country without your consent, this is international child abduction — contact the International Child Abduction and Contact Unit (ICACU) immediately and seek specialist legal advice.