Breach of Child Arrangement Order

Child Arrangement Orders are put in place if an agreement around where the children should live as well as other contact arrangements and care could not be agreed between parents.

If one of the parties breaches the terms of the Child Arrangement Order, it is of course, better for everyone involved if you are able to reach an amicable agreement, but we understand this is not always possible if the relationship is strained.

If an agreement cannot be reached, there are legal routes of enforcement which you can pursue and seek to encourage the other party to adhere to the terms of the Child Arrangement Order in the future.

This guide explains what counts as a breach, what you can do if an order is breached, the legal consequences under UK law, and how Eric Robinson Solicitors can support with a free 30-minute consultation. To book a session with one of our dedicated family law solicitors, contact your local office today.

What is a Child Arrangement Order?

A Child Arrangement Order is a court order made by the Family Court in England and Wales that sets out where a child will live and how they will spend time with each parent (or other significant people) following separation or family breakdown. It can also include provisions for additional care as agreed.

The order sets out who the child will live with, whether this is one parent, both parents, or another person such as grandparent or guardian. It may state the full-time living arrangements or how care is shared between parties.

As part of the order and who the child spends time with, it can include overnight stays, day visits, supervised contact as well as indirect contact and when this should take place including school holidays, special occasions and international travel arrangements.

If necessary, the order can include specific details such as pick-up and drop-off times/locations as well as handover arrangements, and what happens if a parent is late or a visit is missed. It can also include specific conditions or restrictions if relevant.

Child Arrangement Orders are put in place to protect the child’s welfare and provide stability during the breakdown of a relationship if parents/carers cannot agree arrangements themselves. The most common reasons include:

Parental disagreement – If parents cannot agree on things like living arrangements, contact schedules, and holidays/special events.
Clarity and structure – The order aims to reduce conflict by clearly setting out expectations and helps parents understand their responsibilities and what is permitted and when.
Child’s best interests – Decisions around the order are guided by the child’s needs, their age and background, any risk of harm and their wishes and feelings (depending on age and maturity).
Safeguarding the child – If cases involve domestic abuse, neglect or substance misuse or parental instability.

For more information on how to navigate a Child Arrangement Order, contact one of our Child Law Solicitors today.

What counts as a breach?

Breaching a Child Arrangement Order is when either party does not comply with any part of the agreement, without a reasonable excuse. Even if a parent believes contact is ‘not in the child’s best interests’, the order must be followed unless there is an immediate safeguarding risk.

Some of the most common breaches include:

Not allowing contact – Refusing to hand the child over at the agreed time, cancelling contact at short notice, frequently claiming the child is ‘ill’ or ‘unavailable’ without evidence, repeatedly failing to bring the child to the contact location or blocking court-ordered overnight stays.
Preventing indirect contact – Stopping phone or video calls, interfering with or monitoring calls unnecessarily, blocking texts/emails/letters or gifts, failing to pass on messages between the child and the other parent.
Failing to comply with conditions of the order – These conditions can include supervised contact requirements, attendance of parenting courses, prohibitions on alcohol or drug use during contact and requirements to use a contact centre. If breached this can include ignoring requirements, turning up late or not at all, bringing unauthorised people to handovers, failing to comply with behaviour-related conditions.
Taking the child abroad without permission – If a child is taken out of the UK without written consent of everyone with parental responsibility or permission from the court or extending an authorised trip beyond the agreed return date.

There are also more subtle breaches which are still recognised as breaches which may undermine or obstruct the order. These can include not speaking badly about the other parent in front of the children, encouraging the child not to attend contact, repeatedly creating conflict/stress at handovers, coaching the child to refuse contact.

Although minor incidents may not trigger enforcement, the court can take issue with a pattern of lateness, repeated exceptions and ongoing non-cooperation.

What is considered a reasonable excuse?

The court may accept a reasonable excuse that a Child Arrangement Order has not been compiled with and may not necessarily be a breach and the court will usually assess this on a case by case basis.

Reasonable excuses a court may accept include genuine illness of the child (with evidence), emergencies or unexpected events and temporary safeguarding concerns (which would need to be reported without delay). It is expected that the other party is informed as soon as possible and for the contact to be made-up where appropriate.

When a court is asked to decide whether a breach of a Child Arrangements Order is “reasonable”, it does not automatically punish the parent but first looks carefully at why the order was not followed and whether the parent acted responsibly and proportionately.

What you can do if an order is breached

If your Child Arrangements Order has been breached follow these steps:

Try to resolve the issue informally – The court expects parents to try and resolve issues themselves where it is safe to do so. We advise calmly raising the issue with the other parent, refer specifically to what the court order says, ask for an explanation for the breach, propose a practical solution (i.e making up contact). This avoids escalating conflict and shows you are reasonable and child-focused.
Try mediation – The next recommended step is family mediation which involves an independent, trained mediator who helps parents discuss the breach, understand each other’s concerns, agree revised arrangements or clarify arrangements. This is quicker and less expensive than court, less adversarial and more child focused. If mediation does not result in agreement, demonstrating that you attempted it can be important evidence later.
Keep records of breaches – If breaches continue, it’s important to keep detailed records which include the date and time of each breach, what should have happened according to the order, what actually happened, any explanation given, copies of messages/emails/any other communication, and the result (i.e missed/shortened contact sessions). Your evidence can identify patterns, reasonableness and consistency.
Seek legal advice – You might deem it necessary to seek legal advice before considering applying to the court especially if the breaches are repeated, safeguarding issues are raised, the other parent disputes the breach or if you are unsure if the breach is “reasonable”. A family solicitor can assess if the breach is likely to be enforceable, advise on evidence and next steps, support you in deciding if enforcement or variation of the order is more appropriate and aid you with court form completion.
Applying to the court – If the breach continues and cannot be resolved, you can apply to the court to take action by completing a C79 Form (Application related to enforcement of a Child Arrangements Order). The form should be submitted to the family court which made the original order and the court fee paid (unless an exemption applies). The application will request the court to decide if the order has been breached, decide if the parent had a reasonable excuse and take enforcement or corrective action if appropriate.

The legal consequences of breaching the agreement

The court focuses on compliance and the child’s welfare rather than punishment. However, they are not favourable to repeated or serious breaches which can carry significant consequences.

These include:

Warning notices and formal court warnings – These will warn that the order is legally binding and has consequences if they fail to comply. If a breach is proven, the court may issue a formal warning at a hearing. It encourages compliance without immediate penalties but will make clear that future breaches will lead to stronger sanctions.
Community service (unpaid work) – The court can order a parent to complete unpaid work up to 200 hours, depending on severity if a breach is proven and unreasonable. This is often the case where breaches are repeated, the parent has ignored previous warnings and court authority is disregarded.
Financial compensation – The court can order a parent to compensate the other parent financially for losses caused by the breach, this can include lost travel expenses, accommodation costs, missed holiday bookings, and other out-of-pocket expenses directly caused by the breach. This will only be ordered if a breach occurred, the costs were reasonably incurred and there is evidence.
Variation of the Child Arrangements Order – The court may decide the current arrangements are not working and change the contact arrangements, reduce or restructure time or add conditions such as supervisions or handover arrangements.
Change of living arrangements – This the most serious consequence will only be considered if one parent repeatedly breaches the order or actively frustrates the child’s relationship with the other parent and shows continued inability to put the child first. This is only a last resort if other measures have failed and where the child’s welfare is being affected.

How Eric Robinson can help

A Child Arrangements Order is designed to provide clarity, stability and protection for children where parents cannot agree on care and contact arrangements.

While breaches of an order can and do occur, the emphasis should always be on resolving issues in a cooperative, child‑focused way wherever possible, through informal discussion and mediation.

Where the order is not complied with and continues without reasonable excuse, the law provides clear enforcement options, supported by defined legal consequences that range from warnings and corrective measures to financial penalties and, in the most serious cases, changes to living arrangements.

Understanding what constitutes a breach, how courts assess reasonableness, and the steps available to enforce an order empowers parents to act proportionately and in their child’s best interests.

If you are facing difficulties with a breached Child Arrangements Order, early legal advice can help you protect your position, minimise conflict and work towards a solution that prioritises your child’s welfare.

Eric Robinson Solicitors can support with a free 30-minute consultation. To book a session with one of our dedicated family law solicitors, get in touch with one of our local branches at the following locations: