What to Do If a Parent Breaches a Family Court Order

If a parent breaches a family court order such as a Child Arrangements Order (CAO), it is important to prioritise the well-being of the children involved before taking any further action. This may include simply initiating a respectful and calm discussion with the other parent to understand the reasons why the order was breached with a view to finding an amicable solution. If speaking directly to your child’s other parent does not prove effective in resolving the problem, other options you could consider include:

• Engaging a family dispute mediator to help resolve the matter (without the need for court intervention).
• Documenting the breach of the order and applying for an Enforcement Order to the family court.

There may be more options available to you in the event of a breach of a family court order by a parent, depending on the exact circumstances. A family law solicitor will explain the options available based on your situation, including requesting the court’s enforcement of the order that has been breached.

A breach of a family court order can take many forms. For example, it may be that a parent breaches the terms of a Child Contact (child access) Order or Child Arrangements Order (CAO) by:

• Repeatedly refusing to allow contact or return the child at the correct times
• Cancelling child contact time without a valid reason
• Taking a child out of the country without permission
• Moving house to a new area without agreement
• Refusing to allow a child to attend a school stated in a Specific Issues Order
• Refusing to provide a child’s passport, allowing them to travel as permitted in a Specific Issues Order

Breaking a family court order of any type is considered a serious matter which may result in any of the following consequences for the non-compliant parent:

• An enforcement order requiring the parent to comply.
• An order by the court for the non-compliant parent to pay any legal and any other costs of the other parent due to the breach.
• Fines, community service, or imprisonment for being in contempt of court.
• Provision by the family court of additional contact time to make up for any missed or denied time caused by the actions of the non-compliant parent.
• The original court order being changed to ensure that the child’s best interests are being met – this may result in arrangements that are less favourable for the non-compliant parent.

Another often overlooked penalty for breaching a Child Arrangements Order or other type of family court order is the damage caused to the relationship between the non-compliant parent and their child. The child may be left feeling confused, unsettled, upset and even abandoned if any child contact time is missed on a regular basis.

How to report a breach of court order in the UK

If you have attempted to resolve the matter directly with the other parent and/or through mediation, but this has not proved successful, you can report the breach to the family court. There are several steps involved in reporting a breach of a family court order in the UK, as follows:

1. Complete Form C79¹ (Apply to the court to enforce a child arrangements order to apply to enforce the order) – this includes a warning notice.
2. Send the completed application form to your local family court.
3. Pay an application fee of £255.
4. If the court agrees to enforce the order, the court may issue either an ‘enforcement order’ requiring the child’s other parent to complete 40 – 200 hours of unpaid community service or an ‘order for compensation for financial loss’. If compensation is ordered, the other parent will be required to pay you any money lost due to their non-compliance with the family court order.
5. If the other parent still does not comply, you can go back to the court for further action to be taken.

The court may not take enforcement action if the other parent had a good reason for their non-compliance (see below) or if the family court concludes that it would be in the best interests of the other child to take other action (e.g. varying a Child Arrangements Order).

Reasonable excuse to breach family court order

There is no defined list of reasonable excuses for breaching a family court order in the UK, rather, this is left to the discretion of the court and judge overseeing the matter. When making such a decision, the primary focus of the courts is always the well-being and welfare of the child. Some examples of reasonable excuses for breaching a family court order, such as a Child Arrangements Order, Non-Molestation Order and Restraining Order, may include:

• A medical emergency
• Ongoing physical or mental illness
• Delays due to factors outside the control of the parent (e.g. road works or accidents)
• If there are genuine concerns to believe that stopping child contact will prevent harm or neglect to the child (e.g. they may be exposed to domestic abuse, substance, or other forms of neglect)
• The child refuses to comply with the order (e.g. a child refuses to see parent)
• If there are changes in circumstances which were not considered when the order was issued (e.g. the parent has a new job with less flexible working time or they lose their home)

It is important to bear in mind that the court is unlikely to take enforcement action if there is a reasonable excuse for the breaching of a family court order. In order for them to do so, the court must be satisfied (beyond reasonable doubt) that the breach is significant and intentional. In some cases, such as concerns of neglect or abuse, the court may request guidance from CAFCASS regarding the situation and the most suitable way forward in the interests of the child.

References

¹ GOV.UK: Form C79