How to Report a Breach of Child Arrangement Order
When a child arrangement order is in place, both parents are legally required to follow it. The agreement sets out where the child lives, when they spend time with each parent, and how major decisions about their welfare are made. But what happens when one parent doesn’t comply? Understanding how to report a breach of a child arrangement order ensures your child’s best interests remain protected and that the situation is handled correctly through the courts.
What Counts as a Breach of a Child Arrangement Order?
A breach occurs when one parent deliberately fails to follow the terms of the court order without a reasonable excuse. Examples include not returning the child on time, refusing contact altogether, or making unilateral decisions about schooling or medical care.
Occasional disruptions caused by illness, travel delays, or genuine emergencies may not be considered a breach if communication and cooperation are maintained. However, consistent non-compliance or manipulative behaviour should never be ignored.
Trying to Resolve the Issue Amicably
Before turning to formal legal action, it’s often worth attempting to resolve the issue directly, provided it’s safe to do so. Sometimes, communication breakdowns or misunderstandings can be clarified through calm discussion or mediation.
If this approach fails or the situation involves hostility or emotional manipulation, then the matter should be escalated. Reporting the breach is not about punishment - it’s about protecting the child’s welfare and ensuring both parents honour their responsibilities.
The Court’s View on Compliance
Family courts take breaches seriously. An existing child arrangement order is a legally binding document, and repeated or deliberate disregard for it undermines the stability the court intended to create for the child.
The court’s primary concern is always the child’s well-being. When assessing a breach, judges look at patterns of behaviour and the reasons behind them. They’re not interested in point-scoring between parents - they want to ensure the child’s life remains predictable and secure.
If your situation involves high conflict or coercion, seeking early advice from our solicitors handling sensitive separations in Mayfair can help you navigate the process safely and strategically.
Gathering Evidence Before Reporting
Before contacting the court, it’s important to document the breaches carefully. Judges rely on evidence, not hearsay, so clear, factual records will strengthen your case. Keep a detailed log of dates, times, and incidents where the order wasn’t followed.
Save any relevant communication - texts, emails, or messages - showing attempts to comply or reasonable responses you’ve made. Avoid emotional or accusatory language in your own correspondence; professionalism demonstrates credibility.
How to Report a Breach of a Child Arrangement Order
If informal efforts fail, you can apply to the family court using Form C79 (Application related to enforcement of a child arrangements order). The form asks for details of the order, the nature of the breach, and the remedy you’re seeking.
Once submitted, the court will review your application and list a hearing. At the hearing, both parents will have the chance to explain their positions. The judge will assess whether the breach was intentional and decide what enforcement action is appropriate.
In some cases, the court may also request a report from Cafcass (Children and Family Court Advisory and Support Service) to better understand the child’s situation and any risks involved.
Possible Consequences for Breaching an Order
When a breach is proven, the court has several enforcement options. The response depends on the seriousness and frequency of the violations.
Enforcement Orders
These may require the non-compliant parent to carry out unpaid work or attend parenting programmes.
Financial Penalties
The court can order the parent to pay compensation if the breach caused financial loss - such as missed travel costs or childcare expenses.
Variation of the Order
In severe or ongoing cases, the court may change the existing arrangement to better serve the child’s welfare.
Imprisonment or Suspended Sentence
As a last resort, deliberate and persistent breaches can lead to imprisonment. This is rare, but it highlights how seriously courts take compliance.
When the Breach Puts the Child at Risk
If the breach involves behaviour that endangers the child - such as neglect, abduction, or exposure to harm - immediate action should be taken. Contact the police or your local authority if you believe your child is in danger.
You can also apply for an emergency court order, such as a Prohibited Steps Order or Specific Issue Order, to protect your child’s safety. The court can act swiftly when there’s credible evidence of risk.
The Role of Cafcass
Cafcass officers often play an important role in breach cases. They investigate the circumstances and speak with both parents and, when appropriate, the child. Their recommendations carry significant influence and help the court make balanced decisions.
If Cafcass becomes involved, cooperate fully. Be transparent, provide accurate information, and demonstrate a commitment to your child’s welfare above all else.
Preventing Future Breaches
Prevention is always better than cure. If your child arrangement order is regularly ignored, it might be time to reassess whether it’s still workable. Circumstances change - new jobs, schools, or relationships can all affect logistics.
In some cases, revisiting the agreement through mediation or legal review is more effective than repeated enforcement applications. Courts value flexibility when it serves the child’s interests, provided both parents act in good faith.
If you’re unsure what your existing order covers, reviewing the terms with an experienced solicitor can clarify your options. Understanding your child arrangement order in detail helps prevent unintentional breaches or misinterpretations.
The Emotional Impact of Breach Situations
Dealing with a non-compliant co-parent can be deeply frustrating. It often reopens emotional wounds and disrupts the child’s sense of security. Keeping communication civil and focusing on the child’s needs can help reduce tension, even when the situation feels unfair.
Support networks, therapy, or parent support groups can also help you manage stress and remain composed throughout the process. Emotional steadiness shows the court that you’re prioritising your child, not personal grievances.
