Child Arrangements Orders
What happens if a Child Arrangements Order is broken?
If you have a Child Arrangements Order and it is not being followed, it can feel as though you are back at the beginning.
You may already have gone through months of stress to get the order in place. So when contact is cancelled again or handovers do not happen, it is entirely natural to feel frustrated and defeated.
The order is legally binding. But when it is breached, the answer is not always as simple as going straight back to court. Understanding what is actually happening, and what your options are, helps you respond in a way that protects both your position and your child.
Not every broken handover or cancelled contact session leads automatically to enforcement. The court will look carefully at what happened, why it happened, and whether there was a reasonable excuse before deciding what to do next.
Understanding the problem
What counts as a breach?
A breach usually means that someone has not complied with what the Child Arrangements Order requires. This can include:
- Not making a child available for contact.
- Repeatedly cancelling time that the order provides for.
- Refusing handovers.
- Not returning a child as ordered.
That said, the court distinguishes between a genuine emergency and a pattern of ongoing refusal. If this is becoming a regular pattern rather than a one-off issue, it is important not to ignore it.
Why this happens
Why do Child Arrangements Orders get broken?
When an order starts to break down, it often means there is an underlying issue that still has not been resolved.
Common causes include:
- Communication that has completely deteriorated.
- Practical arrangements that do not work in real life.
- Lingering mistrust or hostility.
- A child expressing resistance.
- One parent feeling unheard in the original process.
If conflict remains high, compliance can start to unravel. That does not mean all is lost. It means you may need to decide whether you are asking the court to enforce the order, or trying to address the breakdown before it escalates further.
Option 1
Apply to enforce the order
If breaches are ongoing and there is no reasonable excuse, you can ask the court to enforce the Child Arrangements Order using Form C79.
The court will look at the alleged breaches, the reasons for them and what is in the child’s welfare interests before deciding whether enforcement is appropriate and what form it should take.
Depending on the circumstances, the court may:
- Refer the parents to mediation or another parenting-focused intervention.
- Vary the order, including making the arrangements more defined.
- Order unpaid work.
- Order compensation for financial loss.
- In more serious cases, impose a fine or consider committal.
In some cases, variation of the order can include reconsidering the child’s living arrangements. Enforcement proceedings can be necessary, but they can also increase tension and do not always resolve the underlying cause of the breakdown.
Option 2
Address the breakdown before it escalates further
There is another option that many parents overlook once an order is already in place.
Even after a court order has been made, mediation can still be used. It will not undo the order, but it can create a structured space to address the reasons the order is being breached.
This might include:
- Clarifying misunderstandings about what the order means.
- Adjusting practical arrangements that are not working in reality.
- Reducing hostility that is affecting handovers.
- Finding child-focused solutions that feel workable for both parents.
In high-conflict cases, shuttle mediation may help. That allows parents to remain separate while discussions are facilitated. Used well, mediation can help restore stability without sending everyone straight back into another round of litigation.
Take the next step
Decide whether this needs enforcement, mediation, or both
If a Child Arrangements Order is being broken, the right next step depends on whether this is a one-off problem, a repeated pattern, or a sign that the arrangements themselves are no longer working.
Sometimes enforcement is necessary. In other cases, dealing with the underlying breakdown first can produce a more stable result for everyone involved.