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Legal basics · England & Wales
What happens when a child arrangements order is broken
A child arrangements order sets out arrangements the people named in it must follow. If something has gone wrong, the first useful step is often to slow things down, understand the facts and keep a clear, timestamped record.
Start with the wording
What does it mean to break the order?
In simple terms, it means not following what the child arrangements order says. That could relate to a time or handover set out in the order, or another part of the arrangements. The important starting point is the wording of the order and a careful account of what happened, rather than an assumption about why it happened.
A person accused of not complying may have a reasonable excuse. The court can consider that explanation when looking at the alleged breach. The person accused has to show the reasonable excuse on the balance of probabilities. That is a separate question from whether the court is satisfied, beyond reasonable doubt, that the order was not followed.
Those standards can sound technical when emotions are already high. They are one reason to keep the language of any conversation measured and to separate what you know happened from what you think it meant.
Calm first, where safe
Three useful steps before an application.
A breach can feel urgent, but a calm first response may make the next decision clearer. These are practical record-keeping steps, not a substitute for advice about your circumstances.
Talk first if it is safe
Ask what happened and whether the arrangement can be put back on track. Keep the focus on the child and on the wording of the order.
Write down the facts
Make a timestamped record of what was due, what happened, what was said and any practical effect. Keep the original messages and dates together.
Consider mediation
Where it is safe and suitable, mediation can give both parents a structured way to discuss the arrangement and whether it needs changing.
If direct discussion would put someone at risk, do not treat it as a required step. The guide to how long an order takes explains where mediation and the court process fit, while the guide for grandparents and relatives covers a different route to a child arrangements order.
Why the record matters
Make the timeline easy to understand.
A timestamped record helps you keep a sequence of events in view. It can show what the order required, when a change or missed arrangement happened, and what was done next. It also helps keep separate the fact of a missed arrangement from a conclusion about the other parent\'s intentions.
Keep entries short and neutral. Note the date and time, the part of the order involved, the practical event, any explanation offered and any proposed next step. A record is not a guarantee of a court outcome. It is a way of preserving your own account while the details are fresh. Our guide to co-parenting records covers the wider habit of keeping clear records, and ParentGlow has records and handover logs for parents who want those details in one place.
If a message is heated, you do not need to answer in the same tone. Save it, record what happened and take advice if you need help deciding what to do next.
The court route
How form C79 fits in.
If the issue cannot be resolved and an enforcement application is being considered, the route described in the guidance is form C79. It is sent to the child\'s local family court. The fee is £270 for an enforcement order or compensation for financial loss.
Check the warning notice point before applying. An order made before 8 December 2008 needs a warning notice attached using form C78. Orders made after that date already include a warning notice. The form and the court are procedural details, so check the current court information and get advice if you are unsure which step applies.
If an existing enforcement order has itself been breached, the fee for action following that breach is £119. The fee does not determine what the court will decide, and it is sensible to check the current position before relying on any figure.
The C100 form and MIAM, step by step → · Child arrangements orders, explained →
What the court can do
The court looks at the facts again.
The court may decide not to enforce if there is a good reason, or if it is better for the children to do something different. That can include varying the order rather than enforcing it in its existing form.
An enforcement order
If the legal test is met, this can require between 40 and 200 hours of unpaid work.
Compensation for financial loss
The court may make an order for compensation where the facts support that response.
A different arrangement
The court may decide that varying the child arrangements order better serves the children.
The court must be satisfied beyond reasonable doubt that the order was breached. A reasonable excuse is for the person accused to show on the balance of probabilities. This is general information about the legal framework, not a view about any particular family.
Quick answers
Breach questions, answered calmly.
What counts as breaking a child arrangements order?
A breach is not following what the order says. The court will look at the facts again, including whether the person had a reasonable excuse for what happened.
What is the form for enforcing a child arrangements order?
The route is form C79, sent to the child's local family court. The fee is £270 for an enforcement order or compensation for financial loss.
What does the court need to be satisfied about?
The court must be satisfied beyond reasonable doubt that the order was not followed. If a reasonable excuse is raised, the person accused must show it on the balance of probabilities.
What can happen after a breach?
The court may make an enforcement order requiring 40 to 200 hours of unpaid work, order compensation for financial loss, or decide that varying the order would better serve the children.
What if there is already an enforcement order?
The fee for action following a breach of an existing enforcement order is £119.
Sources checked and read 13 September 2026: Children Act 1989, section 11J · GOV.UK, form C79 · GOV.UK, form C78 · GOV.UK, enforce a child arrangements order · Find a court or tribunal. Court fees and procedures can change, so check the current position before relying on a figure.
More legal basics: How long an order takes → · Grandparents and relatives → · Child arrangements orders, explained → · What records should I keep? → · All guides →
Bring thecalmhome.
A clear record cannot decide a case, but it can help you keep the agreed arrangements, changes and handovers together.
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