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Breach of Court Order: What Steps to Take Next?

By: Louise Smith, barrister - Updated: 12 Nov 2023 | comments*Discuss
 
Contact Order Court Warning Notice

Q.

I have a court order in order to see my daughter. In court the times were agreed as to when I get to see my daughter. Her mother keeps changing the times when I can pick her up so is constantly in breach of the court order.

I am not happy with this and there is no reasoning with the mother. How do I take it back to court?

(C.T, 2 April 2009)

A.

Contact Orders

A contact order is a court order which sets out the circumstances in which someone who does not live with a child may see that child. Contact Orders often relate to a parent’s contact with their child but they may also be made in relation to contact with the child’s grandparents, brothers and sisters or other relatives.

Breach of a Contact Order

The odd deviation from the terms of a contact order may be forgiven. However, it can be very frustrating for a parent without custody if the parent with custody seems to be deliberately preventing contact. Talking to the other person should always be the first step. If - as in your case - this gets nowhere, a letter from a solicitor reminding the other person of their obligations may work. If they still refuse to comply, an application may be made to court.

Warning Notices and Enforcing Contact Orders

All contact orders made since 8th December 2008 contain a warning notice setting out the consequences of failure to comply. A contact order varied by a court after this date should also have a warning notice attached. Before applying to enforce a contact order made prior to that date an application must first be made to have a warning notice attached to it.

An application to have a warning notice attached to a contact order is made using form C78 which is available to download from the HMCS (Her Majesty’s Court Service) website.

The Court’s Powers to Enforce a Contact Order

If a court is satisfied beyond reasonable doubt that there has been a breach of a contact order, and that there is no reasonable excuse for the breach, they may make an enforcement order. An enforcement order requires the party in breach to carry out between 40 and 200 hours of unpaid work, which will be monitored by the probation service. If breach of the contact order has led to financial loss – for example a cancelled holiday - an application may also be made to the court for financial compensation.

An application for an enforcement order, or for financial compensation, is made using form C79, which may also be downloaded from the HMCS website. The application may be made to the court which made the contact order or to any court which has the power to deal with family cases.

The court also has the power to find that an individual is in contempt of court for failing to comply with a contact order. If a party persistently breaches a contact order they may be held to be in contempt of court and could be committed to prison or fined.

It would be advisable to seek legal advice about your situation before making an application. The Citizens Advice Bureau should be able to provide free legal advice about the steps to take following breach of a contact order.

For more information about family courts and what to expect take a look at our article What Happens at Family Court.

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My son’s child is in full time care he has parental rights shared with local authority and mother his court ordered contact is supposed to be monthly and it’s being arranged by social services 6wkly or longer sometimes up to 3 months between contacts. Should this be allowed I thought a court ordered contact was legally binding for all parties involved?
Grandma - 12-Nov-23 @ 1:42 PM
I was issused on the 8th of August this year a court order by the tribunal service for the loss of wages and holiday pay by my previous employer. I have heard nothing since and i'm not sure who i contact now with regards to getting my court order paid, any advice would be greatly appreciated thanks
Linda Gilday - 23-Sep-23 @ 12:09 PM
I have no faith in our justice system what so ever. I left my ex husband 4 years ago as I was in a controlling relationship. I was mentally, physically, emotionally and financially abused by this man and he put my children through the mill. My youngest child has just turned 12 and has refused point blank to see or have anything to do with her dad as have the eldest 2 (age 25 & 21). I have never stopped him personally from seeing her. We have recently moved to Devon from Manchester, he has taken me to court to see her and got 1.5 hours a fortnight in a contact centre, she went twice and now refuses. He has now put a prohibit steps order application and a child arrangement order in place to the courts and won this meaning I now have to return my daughter to Manchester and to go to school in Manchester when she had a place at a school in Devon. We have nowhere to live in Manchester. I spoke to the cafcass officer who advised me to go to my local council and register homeless and to be put in a refuge or hostel. To me this is ludicrous as I have a perfectly good home and my daughter has a perfectly good bedroom of her own. This court order is in place till January 24. My daughter is still refusing to see him and her mental health is being effected now as she hates living in Manchester. I have brought her back to Devon as this is effecting both me and her and also my parents as they expected us to stay there, they are far to old for all this stress and can not deal with it all. I have breached the court order but I have to put the welfare of my daughter first. Please advise on what to do next.
Clare - 18-Sep-23 @ 2:25 AM
My daughter was adopted 4yrs ago and I was given contact 5times a year but I haven't seen her for the last year all because I changed my mobile number in as many years due to getting a better tarif yet my landline number has stayed the same when the final order was made my solicitor was retiring and gave me her personal number so I could get in contact if things changed or went wrong as she knew I wouldn't get legal aid again now I need to take them back to court I have lost the solicitor number the only way forward is to represent myself how do I or is there a better way for me to approach this situation kind regards Mark Goddard
Bonbon - 12-Aug-23 @ 3:29 AM
What can you do when a judge states our counsel are fixated on the rules, and is lenient towards the side that broke the court order?
Concerned - 19-Jun-23 @ 10:55 PM
My granted Court order signed by the Judge was deleted at Admin Court and False court order not signed by the Judge was used to deport me. My records at Admin Court tampered and Court hearing Deleted as Court Manager and Home Office working together to Forged court order and deport person illegally. The Court Managers have been fired/replaced but no compensation or contact from the Court to remove false order has been done and it is now nearly 20 years of complaint and appeals
Annie - 18-May-23 @ 10:26 PM
The children and me have been abused by the father and the court order said no direct contact by the father to the children, so he message directly to eldest child age 15 which they don’t wish to be contacted by him and they have mental health, he text directly and made the children have panick attacks it really affected them badly and don’t feel safe, so what should I do? Prohibited order has expired They have social services involved has been informed about this
Lou84 - 29-Mar-23 @ 10:18 PM
I’ve got court because I failed to attend my unpaid work already bin once to court and they added extra hours but this is my second breach I’ve had medical notes but last 3 I did not provide does anyone no what I could be looking at for my second breach ? And when I go back court will I be sentenced that day or will it get enjoured?
DVee - 21-Mar-23 @ 6:04 AM
I have a court order in place, following my ex and my seperation.She made several false allegations to the police that happened to coincide with every court case. The court rulled i have access to my daughter every 2 weeks.Recently my ex moved to Wales without telling me, and i have only seen my daughter once.I am trying to work out how i contact the court as i feel sge is breaking the court order and making a mockery of the justice system again. Please can someone advise what i should do.
Andy - 8-Mar-23 @ 3:49 PM
I have a court order with my ex partner for our daughter, I have a live with order and an order for half terms to be split equally. We agreed for him to have her 22/12/22-30/12/22. He had refused all week to return her and refused me indirect contact. He still hasn’t returned her. I have sent off the enforcement forms but I do not have the financial means to get a solicitor again. I do not qualify for legal aid. I have seemed all information I’m able, I’m at a loss and just don’t know what to do. My daughter is 8.
Pullencharrose - 4-Jan-23 @ 11:48 AM
Myself and ex husband have a court order . In it it states he has to pay £200 child maintenance per month . I made sure that it was in the court order because for over a year he wouldn’t pay what CMS were telling him to pay . I got a letter recently from CMS stating he hasn’t worked since August and claiming benefits . He has his own business and still posting all the projects he has and is working on . This month he refused to pay child maintenance. I’m a single parent and need that money for my child . He’s not single and they are both working , have just moved into a berry expensive rented house , hosted parties over Xmas and new year . Offered to buy our daughter footie boots just 3 days ago but pretending to me that he has no money . Who can I contact about this ??? He’s a narcissist 100% and just wants his own way
Linda - 4-Jan-23 @ 11:35 AM
Firstly I think its ludicrous that my ex has my child for 6 out of 14 days as 3 are spent with his parents, can you apply for a seperate order regarding this? Uniforms were meant to be supplied by him thus was in the order but he ignores it and leaves it to me still. I'm a single parent with no transport it's getting ridiculous and our son is left suffering. He had a row with his girlfriend and I was told he dragged my child because he was upset. Its not good enough. Who do you actually tell that he is not complying?
Vaun - 23-Nov-22 @ 6:25 AM
I’m so upset. I’m meant to have contact with my son 6 times a year, I haven’t seen him for nearly 4 as the foster carers and social workers agreed that it was emotionally upsetting him after leaving contact so they left it up to him to decide if he wanted to come or not. Now I haven’t seen him since December 2018 I keep asking and I write letters but never hear nothing back from him. He doesn’t read my letters I’m told. Now apparently he wants no involvement with SS so they’re going to put forward for an SGO. I don’t know what to do, they give him everything. He wants for nothing and obviously he doesn’t want me in his life anymore.
Misty - 1-Sep-22 @ 11:53 AM
something bad happened last year he broke order but it wasn't his fault he's ex-girlfriend has mental issues had to go home but his daughter was there with her partner the ex-wife is always late surgery hasn't seen his children because she's saying he can't see them they've moved all the way up north today she's coming to pick up a bag of toys and clothes is it right for what she's doing because he's always paying maintenance birthday money and Christmas money but she won't even let him have a phone call
hope - 20-Aug-22 @ 11:09 AM
There are several court orders in place that my ex has deliberately broken over the last 2-2.5 years. Is there anything I can do to make him abide by these and stop threatening me every time he wants his own way.
Vicki - 22-Jul-22 @ 6:34 PM
I am a grandmother who recently won the case against the mother and she has breached the court order DONT know what to do next
Susan - 2-Jun-22 @ 7:49 PM
It seems I am looking at the storm.. and already in a nightmare.I have been hit by my wife many times. Our son has been brought to tears by her many times. Also hit.False allegations have been made by her. I was primary carer. Keys to my home were taken from me by a conniving police woman who believed my now-ex's false allegations. And now she is breaching an already demeaning court order (the former primary carer stay-at-home dad gets given "contact"). It is now 2021 and the word 'contact' is still used, and living with Dad is spoken about as if a dad is dangerous. I feel abused by the system.CAFCASS officers are not trained to deal with Narcissistic Personality Disorder. They cannot see it when it is in plain sight, and instead they believe many of the lies told to them.Our son is misquoted by CAFCASS, and lead in the interview.All I can do is be absolutely truthful, love my son, and not hold back from condemnation of my ex-wife's behaviour. And hope for understanding. Also try to see what is coming and preempt her lies. I hope that, by now, in 2021, it is possible to get a CAFCASS worker with the necessary experience at least.
dad - 21-Aug-21 @ 5:39 PM
It's amazing how similar these stories are, be it from a mother or father. I have a question, what kind of evidence is required if my ex wife keeps stopping the kids from seeing my on the days I'm supposed to have them? Let's say the agreement is for me to puck them up at 0900 on a Saturday morning but when i arrive she doesn't answer the door, pretends she's out. Do I video it? Will that be taken as evidence? But she might say that she was in, I videoed at a different time and changed my phone settings or something. I could ask the kids to provide a statement but I don't want to involve them. If anyone has any advice on this I'd be grateful, thanks,
RH - 13-Aug-21 @ 5:38 AM
It seems I am looking at the storm.. and already in a nightmare.I have been hit by my wife many times. Our son has been brought to tears by her many times. Also hit.False allegations have been made by her. I was primary carer. Keys to my home were taken from me by a conniving police woman who believed my now-ex's false allegations. And now she is breaching an already demeaning court order (the former primary carer stay-at-home dad gets given "contact"). It is now 2021 and the word 'contact' is still used, and living with Dad is spoken about as if a dad is dangerous. I feel abused by the system.CAFCASS officers are not trained to deal with Narcissistic Personality Disorder. They cannot see it when it is in plain sight, and instead they believe many of the lies told to them.Our son is misquoted by CAFCASS, and lead in the interview.All I can do is be absolutely truthful, love my son, and not hold back from condemnation of my ex-wife's behaviour. And hope for understanding. Also try to see what is coming and preempt her lies. I hope that, by now, in 2021, it is possible to get a CAFCASS worker with the necessary experience at least.
dad - 10-Aug-21 @ 2:35 AM
What a sad legal system we have. Having been the victim of marriage fraud by a woman from overseas who had a child in our relationship just to put me through 5 awful years of marriage including attacking and biting me as shown in the medical records, to have our courts give her half of my assets I worked 45 years for. Arrested on evil false allegations just as she had done to her first husband.Stalking me on holiday with our daughter for 4 years. Having convinced Cafcass to hide from the court details of my ex wife's partner who attacked me on the beach in front of our 9 year old daughter and one of my sons and his girlfriend. What a brave 6'7" hero 25 years younger than me attacking a 63 year old man. All videoed and reported to the police in Spain and yet the Cafcass officer refused to look at the evidence or report it at the hearing 4 weeks later. When she went off on her drug and alcohol fuelled partying I was left for 14 months with her son from her first marriage and our 7 year old daughter. Even with the evidence she denied it and of course it was washed over in court. And what did our wonderful court do on the recommendation of Cafcass? Gave her our daughter! I was given 5 nights a fortnight to see her and yet here we are now with complete parental alienation as I warned the court would happen. I lost my home I bought before I met her, had her commit perjury in the financial court with the help of her barrister (paid for by her non existent partner for the financial hearings) whose flat she has lived in for 4 years. A barrister who was also in the child hearings where he was fully aware she lived with her partner from the Cafcass reports. Even with the police reports of threats, intimidation, harrasment and false accusations, the woman is still untouchable in court and protected by our legal system. As an immigrant she has more rights than I as an Englishman will ever have. And they say there is no bias!So perjury in this country is a joke. Lie all you want because no one cares. I was once proud to be English and thought we had a wonderful legal system. What this has taught me is simple. There is no justice in this country. There are no honourable judges. Cafcass is a joke (how many times I have read that thinking it can't be true!) But I should have realised that, having watched Cafcass give my eldest son's child to an alcoholic drug taking mother who became a prostitute to feed her habit, taking him out to shoplift at 10 years old as he has now told me. Then she abandoned him of course. He now lives with me as I try to repair the damage and help try to eradicate the memories of his previous life. One last thing. As I discovered more about the woman I thought loved me, I have had to ask for a DNA test. Guess what? She wants the CSA to make me give her more money having received £293000 from my home, but refuses to do the test! Surprise surprise! I wonder if the court will tell her to at the enforcement hearing? Unlikely as she is
Johnny - 7-Aug-21 @ 10:19 AM
What a sad legal system we have. Having been the victim of marriage fraud by a woman from overseas who had a child in our relationship just to put me through 5 awful years of marriage including attacking and biting me as shown in the medical records, to have our courts give her half of my assets I worked 45 years for. Arrested on evil false allegations just as she had done to her first husband.Stalking me on holiday with our daughter for 4 years. Having convinced Cafcass to hide from the court details of my ex wife's partner who attacked me on the beach in front of our 9 year old daughter and one of my sons and his girlfriend. What a brave 6'7" hero 25 years younger than me attacking a 63 year old man. All videoed and reported to the police in Spain and yet the Cafcass officer refused to look at the evidence or report it at the hearing 4 weeks later. When she went off on her drug and alcohol fuelled partying I was left for 14 months with her son from her first marriage and our 7 year old daughter. Even with the evidence she denied it and of course it was washed over in court. And what did our wonderful court do on the recommendation of Cafcass? Gave her our daughter! I was given 5 nights a fortnight to see her and yet here we are now with complete parental alienation as I warned the court would happen. I lost my home I bought before I met her, had her commit perjury in the financial court with the help of her barrister (paid for by her non existent partner for the financial hearings) whose flat she has lived in for 4 years. A barrister who was also in the child hearings where he was fully aware she lived with her partner from the Cafcass reports. Even with the police reports of threats, intimidation, harrasment and false accusations, the woman is still untouchable in court and protected by our legal system. As an immigrant she has more rights than I as an Englishman will ever have. And they say there is no bias!So perjury in this country is a joke. Lie all you want because no one cares. I was once proud to be English and thought we had a wonderful legal system. What this has taught me is simple. There is no justice in this country. There are no honourable judges. Cafcass is a joke (how many times I have read that thinking it can't be true!) But I should have realised that, having watched Cafcass give my eldest son's child to an alcoholic drug taking mother who became a prostitute to feed her habit, taking him out to shoplift at 10 years old as he has now told me. Then she abandoned him of course. He now lives with me as I try to repair the damage and help try to eradicate the memories of his previous life. One last thing. As I discovered more about the woman I thought loved me, I have had to ask for a DNA test. Guess what? She wants the CSA to make me give her more money having received £293000 from my home, but refuses to do the test! Surprise surprise! I wonder if the court will tell her to at the enforcement hearing? Unlikely as she is
Johnny - 26-Jul-21 @ 6:22 AM
Ive lost,in court to have,my,son,he lives with his,dad,due to me drinking in the,past,dont drink now .the,judge,said,i can see,my son,as his dad says,4 to six times a year only,with,my sister,then after,a while i probably, can have,my son for a day,then over,night,stays ,but they both,are not letting me,do that,i have,only seen my son twice,in 2 years,sept,2009,plus we had covid,what can i do
Fred - 24-Jul-21 @ 12:48 AM
I could like to know what can I do if my ex did not honor a court order. I was not paid out my portion that was due to me.
Jessie - 1-Jul-21 @ 6:23 AM
What a sad legal system we have. Having been the victim of marriage fraud by a woman from overseas who had a child in our relationship just to put me through 5 awful years of marriage including attacking and biting me as shown in the medical records, to have our courts give her half of my assets I worked 45 years for. Arrested on evil false allegations just as she had done to her first husband.Stalking me on holiday with our daughter for 4 years. Having convinced Cafcass to hide from the court details of my ex wife's partner who attacked me on the beach in front of our 9 year old daughter and one of my sons and his girlfriend. What a brave 6'7" hero 25 years younger than me attacking a 63 year old man. All videoed and reported to the police in Spain and yet the Cafcass officer refused to look at the evidence or report it at the hearing 4 weeks later. When she went off on her drug and alcohol fuelled partying I was left for 14 months with her son from her first marriage and our 7 year old daughter. Even with the evidence she denied it and of course it was washed over in court. And what did our wonderful court do on the recommendation of Cafcass? Gave her our daughter! I was given 5 nights a fortnight to see her and yet here we are now with complete parental alienation as I warned the court would happen. I lost my home I bought before I met her, had her commit perjury in the financial court with the help of her barrister (paid for by her non existent partner for the financial hearings) whose flat she has lived in for 4 years. A barrister who was also in the child hearings where he was fully aware she lived with her partner from the Cafcass reports. Even with the police reports of threats, intimidation, harrasment and false accusations, the woman is still untouchable in court and protected by our legal system. As an immigrant she has more rights than I as an Englishman will ever have. And they say there is no bias!So perjury in this country is a joke. Lie all you want because no one cares. I was once proud to be English and thought we had a wonderful legal system. What this has taught me is simple. There is no justice in this country. There are no honourable judges. Cafcass is a joke (how many times I have read that thinking it can't be true!) But I should have realised that, having watched Cafcass give my eldest son's child to an alcoholic drug taking mother who became a prostitute to feed her habit, taking him out to shoplift at 10 years old as he has now told me. Then she abandoned him of course. He now lives with me as I try to repair the damage and help try to eradicate the memories of his previous life. One last thing. As I discovered more about the woman I thought loved me, I have had to ask for a DNA test. Guess what? She wants the CSA to make me give her more money having received £293000 from my home, but refuses to do the test! Surprise surprise! I wonder if the court will tell her to at the enforcement hearing? Unlikely as she is
Johnny - 18-Jun-21 @ 5:38 AM
Hi, my step children ran away from their mother back in December last year after their mum locked them in the house for 2 weeks and wouldn't let my husband see them for reasons he didn't know until they ran away, and have been living with us ever since. Unfortunately their mother made up some very serious allegations towards myself an my husband to the point that we have called police several times and now are taking her to court for defamation of character and harassment. we have had various problems with her in the nine years we have been together. Constantly stopping my husband from seeing them so he took her to court. The children refuse to speak to her when she comes to the door and starts being aggressive towards us all. They are constantly begging her to stop making lies up. This is daily. My husband had court on the 24th May and it was suggested by the court and CAFCASS that they remain living with us and she has supervised visits with another adult facilitating the handover. i.e the grandmother. She has flat out refused to see them since as she calls them up to say that she doesn't need to be supervised and puts pressure on them to get in the car. She tells them they don't need to listen to the court order. We also have a summer holiday booked which she is refusing to hand over the passports for so we asked for this to be court ordered. They gave her a penal notice to say that if they were not returned to my husband by yesterday she would be heavily fined and/or have a prison sentence. She has not complied so now he needs to go back to court before the holiday which is worrying as it is in 6 weeks time. She has also been ordered to provide details of her boyfriend which she is refusing as he has been in prison for drugs and running a brothel from his flat. I would say there is more judging by her refusal to hand over his details, and also they need a doctors report about her mental health as she has told the children she floats out of her body and hears voices, which she was on medication for which the children told cafcass about and we didn't even know the half of what has been happening. There seems to have been a lot of mental abuse towards the children which my husband beats himself up over it. The next court date is the 8th October as they could not makesafe and final recommendation in May after her refusal to hand over important information. I'm still not convinced that will be the end of it. Will let you all know!
Lisa - 15-Jun-21 @ 1:56 PM
How awful and disgusting is justice in the uk in either a magistrate court or civil court awful. on account of contempt of an injunction order i have suffered contejmpt of proceedings which has led to severe civil fraud civil injustice and a statecrime. breaches in cpr rules violations to the rules so bad and the judge cant see it disgusting. i have had a judge herself contempt of her own order. another judge is appointed and he dont know aabout the contempt of an injunction order so failed proceedings exist so i am persecuted and have had severe civil injustice severe civil fraud. i have constacted the serious fraud office what do they do noting as police without a court form of acting illegally put lies on the case not addressed it denies justice. i am not amused nor impressed with justice inthe cifvil courts in the united kingdonm nor the magistrate courts either
LadyTrojan - 12-Jun-21 @ 4:03 PM
My Ex partner took me to court as he wanted to have regular contact with his daughter, which is all I wanted for her since day ONE, he would only have his daughter every other weekend for one day then it went to one night.. then it went to every other weekend. He wanted to withdraw from court as he was now seeing his daughter every other weekend but i know what he is like and very unreliable so i carried on with the court, we both agreed he would have her every other weekend all weekend 4pm Friday till 4pm Sunday and it was also agreed he would have her for half the duration of the time of school holidays so if it was a week off he would have her for either 3 nights and 4 days or 2nights and 3 days depending on his shifts and what worked best for him.. I'm currently due to have an operation at the end of this month and it is during a holiday he is refusing to have her as my operation "is not his concern" in his words and its "not my weekend to have my daughter" I honestly cant work with him never have done and never will. The court said the agreement was just an agreement and not an order, but anyone suggest what i can do? Thank you!
Sum - 17-May-21 @ 3:44 PM
Lizm8618 Sad to see lack of justice in this country, teaching future generation in a lawful way to be nasty and careless to do things right. I do know going to court is pointless really... Men's rights seems to be the only thing that accounts here..
Barb - 10-Apr-21 @ 2:27 AM
I have an access agreement with my daughters mum, that was created back in 2013 through solicitors, it was amended in 2017, again through solicitors, then we made an agreement over text to have every second weekend each. We had a fall out at Christmas time regarding access and now she has completely blocked my access remotely, blocking me on all forms of communication, telling me to onlydevices and saying my child doesn't want to see me. Surely, our amended agreement in 2020 still stands? If so, what do I do if I go to her door to collect my daughter this weekend and she refuses? Any help would be great!
MAK23 - 1-Apr-21 @ 3:45 PM
I have a court order and arrest warrant against my next-door neighbour she has bean arrested once by it and she is in court next year .can the police still use same court order and arrest warrant again. for the same thing.. as see breaches the order and the police dos, not arrest her for it
urban - 22-Dec-20 @ 10:08 PM
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