Breach of Court Order: What Steps to Take Next?

What is a contact order?

A contact order is a court order that sets out when and how someone who does not live with a child can spend time with them. These orders can be made for parents, grandparents, siblings, or any other individual with a significant relationship to the child.

The Children and Families Act 2014 consolidated contact orders, residence orders and other related orders into a single child arrangements order. This simplification means one order now specifies both who a child lives with and who they spend time with. Many people still use the term contact order, and older orders made under the previous system remain valid.

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When does a breach occur?

A breach happens when someone fails to follow what the court order says. This might mean refusing to allow contact, consistently arriving late for handovers, or not returning a child at the agreed time.

Minor or occasional deviations do not always amount to a breach. Courts recognise that family life can be unpredictable. A child falling ill, transport problems, or a genuine emergency will usually be treated differently from deliberate obstruction. Work commitments or scheduling conflicts may also be considered reasonable excuses depending on the circumstances.

The difficulty arises when one parent appears to be deliberately preventing contact or repeatedly ignoring the terms of the order. This can be distressing for the parent being denied time with their child and can affect the child's relationship with that parent.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Steps to take before going to court

Before making a formal application, try to resolve matters directly. Speak to the other person if you can. Sometimes misunderstandings or practical problems can be sorted out through conversation.

If direct communication does not work, mediation is the next recommended step. Attending a Mediation Information and Assessment Meeting is mandatory in most cases before the court will accept an enforcement application. Exemptions exist for situations involving domestic abuse, where a non-molestation order is in place, or in cases of genuine emergency. A mediator can help both parties reach an agreement, and this formal step must usually be completed before court proceedings can begin.

A solicitor's letter setting out the terms of the order and the consequences of non-compliance might prompt the other person to reconsider their behaviour, though this approach does not always succeed.

Keep a record of any breaches. Note the date, what was supposed to happen, and what actually occurred. This evidence will be useful if you do need to apply to court.

Applying to court for enforcement

If informal steps fail, you can apply to the court for enforcement. Child arrangements orders made or varied after 8 December 2008 include a warning notice explaining the consequences of failing to comply. This warning notice is required before the court can take enforcement action.

You will need to complete form C79 to enforce a child arrangements order. The relevant forms and guidance are available on GOV.UK.

The court has several options when dealing with a breach:

• Ordering the person in breach to carry out unpaid work
• Awarding compensation for financial losses caused by the breach
• Varying the existing order
• In serious cases, finding the person in contempt of court

The court will consider whether the person had a reasonable excuse for failing to comply. If they did not, and the breach is proved, the court will decide what action to take based on the circumstances.

Where disputes become particularly difficult, Cafcass may become involved to provide independent advice to the court about what is best for the child.

Legal aid may be available for enforcement applications, particularly where there is evidence of domestic abuse. Check your eligibility through GOV.UK or speak to a solicitor.

The court's main concern will always be the welfare of the child. This means looking at factors such as the child's emotional needs, the likely effect of any change in circumstances, and the capability of each parent to meet the child's needs.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Court Form Finder lets you find the right court form for your situation. Family, civil, criminal and tribunal forms. Try it now →