If a parent breaches a court ordered child contact arrangement, the order does not simply become optional. In England and Wales, a child arrangements order is legally binding, and the court can take further action if 1 parent fails to follow it without a reasonable excuse. The court’s main concern will still be your child’s welfare, but it also has enforcement powers where an order is being ignored.
That matters because these cases are not unusual. Cafcass says that between 1 April 2025 and 28 February 2026 it received 38,143 new private law children’s cases, involving 57,084 children. Its annual data also shows 39,182 private law children’s cases between April 2024 and March 2025.
o if you are dealing with repeated missed contact, failed handovers or refusal to comply with an order, you are far from alone.When you need practical support alongside legal steps, services such as contact services, child supervised contact, and independent social work services can help create a safer, more structured setup around contact.
Child Arrangement Resolutions also explains on its site that it offers a community-based approach rather than operating from a contact centre, which may suit some families better where tension is high.
What counts as a breach?
A breach usually means a parent has not done what the order says they must do. That can include refusing contact, repeatedly cancelling sessions, failing to bring the child to contact, ignoring telephone or video contact written into the order, or disrupting handovers in a way that prevents the arrangement from happening.
Common examples include:
- Refusing contact at the last minute
- Repeatedly arriving late
- Not making the child available
- Ignoring collection and return times
- Blocking indirect contact such as calls or video sessions
- Failing to follow conditions set out in the order
Not every missed contact session will automatically lead to enforcement. The court must be satisfied beyond reasonable doubt that a person failed to comply with the order, and it cannot make an enforcement order if that parent had a reasonable excuse.
What is a reasonable excuse?
A reasonable excuse will depend on the facts. If a child is genuinely unwell, there is an immediate safeguarding concern, or something serious makes compliance impossible, the court may accept that explanation. But frustration, poor communication, or a belief that the other parent does not deserve contact will not usually be enough on their own.
The court will want to know what happened, why it happened, whether the issue could have been managed differently, and what impact it had on your child. The welfare of the child remains the court’s paramount consideration, even in enforcement disputes.
What can you do if the other parent is breaching the order?
If the other parent is not following the order, you can apply to court to enforce it. GOV.UK says this is done using Form C79. If the order was made before 8 December 2008, you may also need Form C78 to attach a warning notice. The current fee shown by GOV.UK for sending a C79 application is £263.
Before applying, it helps to keep clear records. Save messages, note missed dates, record what the order required, and keep evidence of any costs you lost because contact did not happen. A pattern of non-compliance is usually easier to show than a 1-off disagreement.
If the main problem is how contact happens rather than whether it should happen at all, more structured support may help. Child Arrangement Resolutions offers why choose CAR, referrals, and FAQs pages that explain how its service works and how professionals or families can refer into the service.
What can the court do?
If the court decides there has been a breach without reasonable excuse, it has a range of options. It does not always jump straight to the harshest outcome. In many cases, the court looks first at what will put the arrangements back on track and what will best protect the child.
Possible outcomes include:
- Warning the parent more clearly about future breaches
- Making an enforcement order with unpaid work
- Ordering compensation for financial loss caused by the breach
- Varying the child arrangements order
- Adding more structure or safeguards around contact
- In serious cases, considering a fine or committal
The Children Act 1989 allows the court to make an enforcement order imposing an unpaid work requirement, and section 11O allows compensation for financial loss caused by the breach. Cafcass also explains that the court can enforce the order if agreement and mediation attempts have not worked.
Can the court change the order instead of just enforcing it?
Yes. Sometimes the breach shows that the original arrangement is no longer practical. The court may decide that a variation is more sensible than simple enforcement. For example, it may change the handover arrangements, reduce direct communication between parents, order indirect contact for a period, or move contact into a supervised setting.
That is where support such as a child supervised contact category, complaints policy, or the general Child Arrangement Resolutions homepage can be useful for understanding the service structure, expectations, and options available when contact needs to be managed more carefully.
The service says it was established in 2014 and was designed to provide a community-based contact service outside the confines of a contact centre.
What if you are accused of breaching the order?
If you are the parent accused of breaching the order, it is usually a mistake to ignore the issue. You need to explain clearly what happened and provide evidence if you say there was a genuine reason. If safety concerns have arisen, you should raise them properly. If the order no longer works in real life, it is usually safer to ask the court to vary it than to stop complying with it on your own.
The court will look closely at whether you acted reasonably, whether there was urgency, and whether your child’s welfare required immediate action. If there was no urgent risk, taking matters into your own hands can damage your position.
Why support services can matter
High-conflict cases are rarely just about 1 missed visit. They often involve mistrust, difficult handovers, anxiety for the child, and fear that each contact session will become another argument. In that kind of situation, structured support can reduce stress and help contact happen in a calmer, safer way.
Child Arrangement Resolutions says it provides practical supervised contact support across Manchester and Cheshire, and its site explains that families can make pre-referral enquiries by email for fee quotations, availability and estimated timescales.
If you are trying to rebuild reliability around contact, having an independent structure around sessions can sometimes make the difference between repeated breaches and a workable routine.
FAQs
Can a parent stop contact because the child does not want to go?
Not automatically. A child’s wishes can matter, especially depending on age and understanding, but a parent cannot simply ignore a court order because the child is reluctant. The proper question is whether there is a genuine welfare reason that justifies what happened.
Will the court punish every breach?
No. The court looks at the facts, the reason for the breach, and your child’s welfare. It may enforce the order, vary it, or decide that a more structured arrangement is needed instead.
Can you recover wasted travel or other costs?
Yes, in some cases. Section 11O of the Children Act 1989 allows compensation for financial loss caused by the breach of the order.
Do you need to go straight back to court?
Not always. Where it is safe and realistic, some parents resolve problems without another hearing. But if there is a pattern of non-compliance, or the situation is affecting your child, enforcement or variation may be necessary.
Final thoughts
If a parent breaches a court ordered child contact arrangement, the court can act, but the response will usually focus on what is best for your child rather than punishment for its own sake. Sometimes that means enforcement. Sometimes it means compensation. Sometimes it means changing the arrangement and introducing more support around contact.
If you need help putting safer and more reliable arrangements in place, you can read more through Child Arrangement Resolutions’ contact page and explore the support available through its services.