When a court order isn't being followed: the enforcement route, and why the new model wants fewer families back in court

A child arrangements order sets out where a child lives and when they spend time with each parent. When it is not being followed, the court has a route for dealing with it. This post explains that route and the options the court has. It does not tell you what you should do; that depends on your circumstances.

First, what the order actually says

Read the order carefully. Orders vary: some set exact days and times, others say "as agreed between the parties", and the difference matters. A warning notice is attached to child arrangements orders explaining the consequences of not complying, and that notice is what makes enforcement possible.

The application: C79

The form to ask the court to enforce a child arrangements order is the C79. There is a court fee (check GOV.UK for the current amount and for help with fees). You set out which parts of the order have not been complied with and when, which is where a dated chronology (Post 6) does most of the work. The other parent will be given the opportunity to respond.

What the court considers

The court first decides whether the order has been breached. If it has, the court considers whether the parent had a reasonable excuse; the parent who did not comply has to show that. The court then considers what response is in the child's interests. It is not looking to punish for its own sake; its focus stays on the child.

The options open to the court

The Children Act 1989, as amended, gives the court several routes, and it can use more than one. It can vary the order, for example to make the arrangements more specific or more realistic. It can direct the parents to a separated parents programme or other activity. It can make an enforcement order, which requires the parent in breach to do unpaid work, where the breach was without reasonable excuse and the court considers the order necessary and proportionate. It can order compensation for financial loss caused by the breach, such as a lost holiday. In serious and persistent cases, other measures exist, including the ultimate option of changing who the child lives with, though the court treats that as a welfare decision and not as a penalty. The court will also want to understand why the arrangements are not working, and Cafcass may be asked to report.

What the Child Focused Model changes

One of the model's stated aims is to reduce the number of parents who return to court because the arrangements broke down. Two features are relevant. First, because the Child Impact Report is available before decisions are made, the court is more likely to make arrangements that fit the child's actual life. Second, in pilot areas the court can list a review hearing some months after the final order, to check that arrangements are working and adjust them early, before a breach becomes a pattern.

Practical preparation

• Keep a dated, factual record of each occasion the order was not followed
• Note what was due to happen, what happened, and what was said, with the message saved
• Note what effect it had on your child
• Keep your own compliance faultless
• If the other parent raises a reason on each occasion, note it neutrally

If the problem is that the order itself no longer fits your child's life, an application to vary it, rather than to enforce it, may be the route the court finds more useful; McKenzie can explain both.

How familycourt.app and McKenzie can help

McKenzie explains the enforcement route, the court's options and the difference between enforcing and varying an order, applied to the facts of your case, and shows where "If the order is broken" sits on your case map. Document Studio's chronology captures each missed occasion with its source, and the C79 helper takes you through what the form asks for, with your chronology alongside.