When parents separate, one of the most difficult challenges they face is how to co-parent effectively for the benefit of their children.
To bring structure and stability to these arrangements, many families turn to the courts for a Child Arrangement Order (CAO). Issued under the Children Act 1989, a CAO sets out who the child will live with, when they will see the other parent, and how contact is to be managed.
But what happens when one parent stops playing by the rules?
At Ison Harrison, our family law solicitors often hear from clients who have been left feeling helpless and anxious because their former partner is ignoring a Child Arrangement Order. Contact is suddenly denied, visits are cancelled without warning, or children are returned late, or not at all. These breaches are not only frustrating, but they can also be emotionally damaging for both parent and child.
Here, we explain what legally counts as a breach, what options are available, and how our experienced family lawyers can help you respond in a way that prioritises your child’s wellbeing.
What Counts as a Breach?
Imagine you’re waiting to pick up your child for the weekend, only to be told last minute that they’re not coming – again. Or perhaps calls go unanswered, holidays are rearranged without your input, or agreed overnight stays are consistently undermined.
These are all potential breaches of a Child Arrangement Order.
Legally, a breach occurs when one parent fails to comply with the terms of the order without a “reasonable excuse.” This might include refusing to hand over the child at the correct time, cancelling agreed contact with little or no notice, or obstructing communication.
While the courts do take these breaches seriously, enforcement is not automatic. The overriding concern for the court remains the child’s welfare; not the wishes of either parent. This can be frustrating, but it is why any enforcement action must be carefully and thoughtfully approached.
What Are Your Options?
If your ex is failing to comply with a child arrangement order, the first step is not necessarily legal action. It is about building a picture, protecting your position, and ensuring any response is grounded in evidence and guided by your child’s best interests.
- Record Everything
Keep a calm, detailed record of each incident. Note missed handovers, disrupted contact, and any attempts you’ve made to communicate. This written evidence can become a vital part of any application to court.
- Try to Resolve Matters Amicably
Where it’s safe and appropriate, you should explore direct communication or professional mediation. Courts expect both parents to consider out-of-court solutions before escalating to enforcement proceedings.
- Apply to Enforce the Order
If informal efforts are unsuccessful, you can apply to the Family Court using Form C79. The court has various powers to deal with breaches, including:
- Unpaid Work Orders requiring the parent in breach to carry out community service
- Compensation to recover financial losses caused by disrupted contact
- Varying the Order, to better reflect current circumstances or challenges
- Committal to Prison, in extreme cases of persistent, deliberate non-compliance
Crucially, the court must be convinced that the breach occurred and that enforcement is in the child’s best interests.
When the Breach Isn’t Just Defiance
Sometimes, a parent may break an order not out of malice or manipulation, but because something has changed; perhaps there are safeguarding concerns, a child’s medical needs have shifted, or the current arrangements no longer work in practice. In such cases, it may be more appropriate to apply to vary the order rather than enforce it.
Our role as your legal advisers is to help you determine which path is best – enforcement or variation – and then support you in pursuing that option effectively and compassionately.
How Ison Harrison Can Help
We know how painful it is when your relationship with your child is undermined. That’s why our Family Law team offers more than legal expertise; we offer clarity, reassurance, and unwavering focus on the long-term wellbeing of your family.
We can support you by:
- Offering clear legal advice tailored to your circumstances
- Representing you robustly in enforcement or variation proceedings
- Guiding you through mediation and alternative resolutions
- Acting quickly in safeguarding or high-conflict cases
Every family is different. We work with you to ensure the legal process supports – not disrupts – your child’s stability.
Speak to Us Today
If your ex-partner is breaching a Child Arrangement Order, do not delay. The sooner you seek advice, the more effectively you can respond – and the sooner you can restore a sense of routine and security for your child. Call us on 0113 284 5000 or email family@isonharrison.co.uk.
