When a parent goes against a court-ordered child arrangement, it’s not only frustrating—it can be emotionally draining and legally complex. In the UK, Child Arrangement Orders (CAOs) are legally binding, and breaching them carries serious consequences. If you’re the parent left in limbo, not knowing what to do next, this guide is here to give you clear answers and real-world solutions.
Understanding Child Arrangement Orders in UK Law
What Is a Child Arrangement Order?
A Child Arrangement Order is a legal directive issued by a Family Court that outlines who a child lives with, spends time with, or has contact with. It replaced the old terms ‘custody’ and ‘access’ back in 2014 under the Children and Families Act.
Who Can Apply and What Does It Cover?
Typically, parents, guardians, or anyone with parental responsibility can apply. The order may cover:
· Living arrangements
· Contact schedules (weekdays, weekends, holidays)
· Communication (calls, video chats)
· Specific routines like education and healthcare
What Constitutes a Breach of a Child Arrangement Order?
Common Examples of Non-Compliance
· One parent repeatedly cancels or denies contact
· Refusing to return the child at the agreed time
· Taking the child abroad without permission
· Ignoring provisions around communication
Intentional vs Unintentional Breach
Sometimes, a breach happens because of misunderstandings, illness, or unavoidable events. However, if a parent deliberately ignores the order, it's taken very seriously by the courts.
Immediate Steps to Take When the Other Parent Breaks the Order
Recording Evidence of the Breach
Keep a log of missed contact dates, messages, and anything said or done that contradicts the order. Screenshots, texts, emails—all of it can serve as crucial evidence.
Communicating Safely with the Other Parent
Try to resolve the issue amicably first—if it’s safe to do so. Stick to calm, respectful messages and avoid confrontation. Always keep a written trail.
Legal Remedies and Court Enforcement Options
Applying for an Enforcement Order (Form C79)
If informal solutions don’t work, file a Form C79 with the Family Court. You’ll need to show that the other parent has failed to comply without a reasonable excuse.
What the Court Can Do: Penalties, Fines & Custody Reversal
Depending on the severity, courts may:
· Impose community service (up to 200 hours)
· Fine the offending parent
· Order them to attend parenting courses
· Reverse custody arrangements in extreme cases
When You Can Apply for a Variation or Specific Issue Order
If the current arrangement isn’t working, or new concerns arise, you can apply to change the order altogether. This includes requesting a Specific Issue Order to handle things like school choice or holiday plans.
Police Involvement in Breach of Court Orders
When Police Can and Cannot Intervene
Police generally can’t enforce contact arrangements unless the breach amounts to abduction or harm. But if a child is in immediate danger, they can act under emergency powers (Section 46 of the Children Act 1989).
Reporting Child Abduction or Immediate Risk Situations
If the other parent disappears with your child or refuses to return them, contact the police right away. They’ll log the incident and may issue an alert or liaise with border control if needed.
How Local Authorities and Metropolitan Councils Handle Breaches
Involvement of Social Services in Repeat Breaches
If breaches are ongoing and affecting the child’s welfare, social services may get involved. They’ll assess the situation and may recommend interventions or report to the court.
Local Authority Assessments and Reports
The local council can be asked by the court to provide a welfare report under Section 7. This offers an independent view of what’s best for the child to move forward.
Support from NGOs and Charities for Affected Parents
Free Legal Support and Mediation Services
Charities like Families Need Fathers, Gingerbread, and Rights of Women provide advice, helplines, and free resources for parents stuck in post-order conflicts.
Organisations That Can Help You Emotionally and Legally
· Family Lives: Emotional support and advice
· National Family Mediation: Conflict resolution before returning to court
· Farani Taylor: Expert legal services tailored for family law issues
Rights to Compensation and Legal Relief for Harm Caused
Can You Claim Damages for Stress, Loss of Time or Harm?
While emotional distress alone doesn’t usually qualify for compensation, you may be able to claim financial losses, especially if you’ve missed work or paid extra childcare costs due to the breach.
Financial Consequences for Breaching Parent
The court can issue a financial penalty or even order the parent to cover your legal fees. In severe cases, a breach may influence future custody decisions.
Common Challenges Parents Face Even After Court Orders
Emotional Distress and Parental Alienation
Being blocked from seeing your child can feel like grief in slow motion. When one parent turns the child against the other, it’s called parental alienation—a growing concern in UK family courts.
Financial Burden and Legal Fees
Returning to court is costly, especially if the breach becomes a pattern. Knowing your legal aid rights or finding a solicitor offering flexible payment plans can help.
Repeated Breach and Delayed Enforcement
Enforcement isn’t always swift. It’s vital to act quickly, gather strong evidence, and push for urgent court hearings if your case becomes repetitive.
How Farani Taylor Helps Enforce Your Parental Rights
Swift Legal Action and Urgent Representation
At Farani Taylor, we don’t waste time. Our solicitors move quickly to file enforcement applications, secure emergency hearings, and hold the breaching parent accountable.
Reclaiming Parenting Time and Ensuring Compliance
Whether you’ve missed holidays, weekends, or milestones, we fight to recover lost parenting time and get court orders enforced properly.
Long-Term Protection for You and Your Child
We offer more than legal support—we guide you through rebuilding your parenting relationship and securing a future where your rights are respected.
Protecting Your Future – What to Do Next
Preventive Legal Advice for Avoiding Future Breaches
Our team helps draft watertight child arrangements and can include warning notices that make enforcement easier if problems arise again.
When to Reapply for a New Order or Full Custody
If breaches become the norm, you may be eligible to request full custody. We’ll help you build the evidence and make your case.
Final Word
Going through a breach of a child arrangement order can be overwhelming—but you’re not powerless. With the right steps, strong support, and expert guidance from a trusted family law team like Farani Taylor, you can enforce your rights, protect your child, and start to move forward. Don’t suffer in silence—we’re here to stand with you, every step of the way.
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