4. Enforcement of child arrangements orders

  • Enforcing a Child Arrangements Order

    Support where an existing child arrangements order is not being followed, including breach evidence, enforcement applications and child-focused proposals.

    Calendar with missed contact dates and case papers representing enforcement of a child arrangements order

Technical Matter Guide

Law, procedure and fees checked 22 September 2026

Enforcement of a Child Arrangements Order: breach, reasonable excuse and the court's response

Enforcement is not simply a question of proving that an expected period of contact did not happen. The court must identify the precise obligation contained in the order, determine whether there was non-compliance, consider any reasonable excuse, assess the child's welfare and risk, and then decide what response — if any — is necessary and proportionate.

2026 update: Form C79 was updated on 1 June 2026 and the current fee for an application for a Children Act enforcement order or compensation for financial loss is £270. There has also been a substantive change to the unpaid-work regime. Section 36 of the Sentencing Act 2026 removed the former 12-month period within which unpaid work under a Children Act enforcement order had to be completed. The change came into force on 11 May 2026 and applies to enforcement orders whenever made. The statutory range remains 40 to 200 hours.
2

C79 procedure and what happens after issue

Form C79

The current Form C79 is used to ask the Family Court to take action relating to the enforcement of a Child Arrangements Order. It can also be used for specified applications concerning an existing enforcement order and for compensation for financial loss.

The form was updated by HMCTS on 1 June 2026, including changes directing users to the appropriate confidential-details form.

Current C79 fee £270 for an enforcement order application or compensation for financial loss, subject to any Help with Fees entitlement.
Where to send it HMCTS currently directs C79 applications to the child's local family court.
Older order If the Child Arrangements Order was made before 8 December 2008, check whether Form C78 is required to attach the warning notice.
Confidential information The June 2026 C79 specifically directs users towards the appropriate confidential-details form where necessary.

Enforcement cases are supposed to move promptly

Under PD12B, gatekeepers should list an enforcement application for hearing — before the previously allocated judge where possible — within 20 working days of issue. The Practice Direction says enforcement cases should be concluded without delay.

Cafcass safeguarding checks

PD12B permits further safeguarding checks where gatekeepers consider them necessary. Where an enforcement application is issued more than three months after the order being enforced, safeguarding checks are to be ordered.

What PD12B requires the court to consider

  • whether the facts concerning alleged non-compliance are agreed;
  • whether a hearing is required to establish those facts;
  • the reasons for the non-compliance;
  • how the child's wishes and feelings should be ascertained;
  • whether Cafcass advice is required;
  • risks associated with any further or different child-arrangements order;
  • whether dispute-resolution or parenting work is appropriate;
  • whether an enforcement order may be appropriate; and
  • the welfare checklist.
3

Evidence: build a breach schedule, not a grievance file

Enforcement evidence should make it easy to see the relationship between the order, alleged breach, explanation and proof.

Record What to identify
Order provision Quote or identify the exact operative paragraph said to have been breached.
Contact / action due Date, time, location and what the order required to happen.
What actually happened No handover, shortened contact, cancellation, condition imposed or other alleged non-compliance.
Notice given When the change or cancellation was communicated and by whom.
Reason given Record the stated explanation accurately without presenting a disputed explanation as fact.
Supporting evidence Relevant messages, emails, contact records, professional material or other evidence.
Replacement offered Whether alternative time, indirect contact or another arrangement was proposed.
Financial loss Where compensation is sought, identify the actual loss, proof of payment and causal link to the alleged breach.

The sealed order is the starting document

Do not prepare an enforcement case from memory. Use the actual sealed Child Arrangements Order and any later order which varied it.

This is especially important where arrangements were subsequently adjusted informally. The history may matter to reasonable excuse, fairness and remedy even though an informal change did not itself replace the court order.

TM v GL [2026] EWFC 24 (B): enforcement can be misconceived where reality is more complicated

This recent first-instance judgment is a useful practical illustration. The father had issued enforcement proceedings while variation proceedings were already underway.

The judge examined the parties' history of agreeing alterations to the original arrangements and concluded that the enforcement application presented a stretched picture of what had actually occurred. The court considered that the application had been used in part to try to accelerate or leverage the wider dispute.

It is not a binding appellate authority, but it illustrates why a C79 should map the evidence honestly against the order rather than present every departure from an old timetable as deliberate obstruction.

Read TM v GL [2026] EWFC 24 (B) →

Evidence that can weaken an enforcement application

  • relying on a recital rather than an operative provision;
  • failing to distinguish agreed alterations from unilateral non-compliance;
  • omitting messages that explain why an arrangement changed;
  • asserting that the child “must have been made to refuse” without evidence;
  • including long histories unrelated to the alleged breaches;
  • failing to identify the exact dates said to amount to breach;
  • or asking the court to punish the other parent where the real issue is that the order needs variation.
4

Reasonable excuse, child refusal and safeguarding

What is a “reasonable excuse”?

The legislation does not provide a universal list. Whether an excuse is reasonable depends on the facts of the particular non-compliance.

A court may therefore need to examine what the person knew at the time, what risk was perceived, what steps were reasonably available, what the child was doing or saying, whether professional advice existed and whether the person could realistically comply with the precise obligation contained in the order.

Safeguarding concerns can fundamentally change the case

Where a party relies on domestic abuse, harmful parenting or another safeguarding reason for non-compliance, PD12J may require the court to address risk before simply insisting that the old arrangement resume.

The court may need to determine:

  • whether relevant allegations are admitted, disputed or already the subject of findings;
  • whether fact-finding is required;
  • whether interim contact is safe;
  • whether supervision or indirect contact is appropriate;
  • whether the existing order should instead be varied;
  • and whether the child's welfare requires a different arrangement.

F v M [2023] EWFC 252 (B): breach can coexist with a wider welfare problem

In F v M the court concluded that the father had failed to establish a reasonable excuse for breaches of the existing child-arrangements order.

But the judge did not simply move straight to penalty. Because of the wider findings, the children's Guardian and the welfare issues still requiring resolution, the enforcement question was suspended while the court considered whether the order itself might ultimately need variation.

This is a useful illustration of the difference between establishing breach and deciding what response best serves the children.

Read F v M [2023] EWFC 252 (B) →

5

What can the court actually do?

PD12B describes a broad range of responses. Enforcement should therefore be viewed as a toolkit rather than a single punishment.

Clarify or vary the Child Arrangements Order The court may make the order more defined or reconsider the child's living or spending-time arrangements if that addresses the real problem.
Parenting / dispute-resolution intervention Appropriate work or mediation may be considered where safe and suitable.
Enforcement order Section 11J permits an unpaid-work requirement where the statutory tests are satisfied.
Suspended enforcement order The statutory scheme permits enforcement consequences to be suspended in appropriate circumstances.
Compensation for financial loss Section 11O can compensate qualifying financial loss caused by non-compliance where the statutory requirements are met.
Contempt sanctions PD12B also identifies fine or committal as available powers, but contempt is a separate serious jurisdiction with strict procedural protections.

Unpaid work is not automatic

Section 11L requires more than a bare finding of non-compliance. Before making an enforcement order, the court must be satisfied that:

  • the order is necessary to secure future compliance;
  • its likely effect on the person is proportionate to the seriousness of the breach;
  • appropriate unpaid-work provision is available;
  • relevant information about the person and the likely impact of the order has been considered; and
  • the child's welfare has been taken into account.
2026 unpaid-work change: A Children Act enforcement order can still specify between 40 and 200 hours of unpaid work. However, the former statutory requirement that the work be completed during a 12-month period was removed by section 36 of the Sentencing Act 2026. That amendment came into force on 11 May 2026 and also applies to enforcement orders made before commencement.

B v C & Anor [2026] EWFC 66 (B): breach established, but no unpaid-work order

In January 2026 the Family Court found beyond reasonable doubt that the mother had breached an earlier Child Arrangements Order and rejected the claimed reasonable excuse.

Nevertheless, the judge made no separate unpaid-work order. The case illustrates the important distinction between the finding of breach and the discretionary, welfare-sensitive decision about what should follow from it.

Read B v C & Anor [2026] EWFC 66 (B) →

Compensation for financial loss

Section 11O allows the court to order compensation where a qualifying person has suffered financial loss because of the breach.

This requires actual financial loss and a causal connection to the particular non-compliance. A compensation claim should therefore identify:

  • the expenditure or loss;
  • when it was incurred;
  • documentary proof such as receipts or booking records;
  • how the alleged breach caused that loss; and
  • whether any amount was refunded or recoverable elsewhere.

Section 11O also prevents a compensation order where the person in breach establishes a reasonable excuse for failing to comply.

Variation may be the more useful remedy

If the current order is vague, impractical or overtaken by the child's circumstances, enforcing the historic wording may solve very little. PD12B expressly permits the court to vary the Child Arrangements Order as a response to enforcement proceedings.

6

Key authorities, official sources and practical preparation

Re L-W (Children) [2010] EWCA Civ 1253

The leading appellate authority to read when the precise obligation and alleged non-compliance are contested. It emphasises careful construction of the order and, in the contempt context, the need to determine whether the person actually failed to do what the order required and had the ability to comply.

Read the judgment →

F v M [2023] EWFC 252 (B)

A useful first-instance illustration of the statutory burdens in section 11J and of the court delaying the enforcement consequence while wider welfare and variation questions remained unresolved.

Read the judgment →

TM v GL [2026] EWFC 24 (B)

Recent first-instance example demonstrating the importance of distinguishing deliberate breach from a history in which parents have mutually altered arrangements, and the risks of using enforcement tactically where variation proceedings already address the underlying problem.

Read the judgment →

B v C & Anor [2026] EWFC 66 (B)

Recent first-instance example in which breach was established beyond reasonable doubt and no reasonable excuse was found, yet the court still made no unpaid-work enforcement order. It illustrates the separate stages of breach and remedy.

Read the judgment →

Questions a litigant in person should be able to answer

  • Which sealed Child Arrangements Order are you seeking to enforce?
  • Has it subsequently been varied?
  • Which exact operative paragraph is said to have been breached?
  • Is the provision clear enough to identify what had to happen?
  • Was the relevant warning notice attached or otherwise communicated?
  • On what dates did the alleged non-compliance occur?
  • What should have happened on each date?
  • What actually happened?
  • What reason was given at the time?
  • What documentary or independent evidence supports your account?
  • Were the arrangements previously altered by agreement?
  • Was replacement time or indirect contact offered?
  • What is said to amount to a reasonable excuse?
  • Are there domestic-abuse or other safeguarding concerns?
  • What are the child's current wishes and feelings, and how have they been obtained?
  • Is the existing order still suitable and workable?
  • Are you asking for compliance, compensation, variation or another outcome?
  • If claiming compensation, what exact financial loss was caused by the breach?

Primary sources and official guidance

  1. Children Act 1989 — sections 11I to 11P and Schedule A1 contain the principal statutory enforcement framework.
  2. Practice Direction 12B — Child Arrangements Programme — paragraphs 21.1 onwards deal specifically with enforcement.
  3. HMCTS — Form C79 — current enforcement application, updated 1 June 2026.
  4. GOV.UK — Change or enforce a Child Arrangements Order
  5. HMCTS — Family Court Fees — current enforcement fee and applications concerning existing enforcement orders.
  6. Cafcass — Complying with the order of the court & enforcement
  7. Practice Direction 12J — Domestic Abuse & Harm
  8. Sentencing Act 2026, section 36 — removal of the former 12-month period for unpaid-work requirements, including amendments to Schedule A1 Children Act 1989.
  9. HMCTS — Form C78 — warning notice for relevant older Child Arrangements Orders.
  10. Family Procedure Rules Part 12 — procedural provisions governing children proceedings.

Need to prove or respond to alleged breaches of a Child Arrangements Order?

JSH Law can help you work from the actual order, build a breach schedule, organise the supporting evidence, identify reasonable-excuse and safeguarding issues, review the C79 and prepare a focused position for the enforcement hearing.

Start with the sealed order and a list of the dates on which you say the order was not followed.

Book a Free 15-Minute Consultation
Information notice: This page provides general legal and procedural information for England and Wales. It is not advice on the facts of an individual case. Enforcement cases are fact-sensitive and depend on the precise wording of the order, the alleged non-compliance, any reasonable excuse, safeguarding evidence, the child's welfare and the procedural history. JSH Law provides non-reserved legal services, litigation support and McKenzie Friend assistance to litigants in person. JSH Law is not an SRA-authorised solicitors' firm and does not provide regulated solicitor representation or conduct litigation on your behalf.

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