- Form C79 is used to ask the family court to take action when a Child Arrangements Order is not being followed, including seeking an enforcement order (unpaid work requirement), compensation for financial loss caused by breaches, or to amend/revoke an existing enforcement order. [1] [2]
“Apply for an order related to the enforcement of a child arrangements order or to set aside or change an existing enforcement order.” [1]
- Fee: £263 for an enforcement application.
- If your Child Arrangements Order was made before 8 December 2008, a C78 warning notice must be attached. [3]
Download the form
- GOV.UK C79 page (with guidance and fee info): https://www.gov.uk/government/publications/form-c79-application-related-to-enforcement-of-a-child-arrangement-order [1]
- Direct English PDF (C79): https://assets.publishing.service.gov.uk/media/632986918fa8f53cb77ef67b/C79_0522_save.pdf [2]
For context on when to enforce versus vary an order, see GOV.UK’s “Change or enforce an order.” [3]
References
HM Courts & Tribunals Service · GOV.UK · 2022
HM Courts & Tribunals Service · GOV.UK (PDF) · 2022
HM Government · GOV.UK · 2024
HM Courts & Tribunals Service · GOV.UK · 2025
What “enforcement” means
Enforcement is the court’s response when a clear Child Arrangements Order (CAO) is not being followed and there is no reasonable excuse. Available responses range from directions to secure compliance and referrals to parenting/mediation work through to enforcement orders for unpaid work, compensation for financial loss, fines, or (in serious cases) committal. The court can also vary the CAO if the existing terms no longer work for the child. [1][3]
“There are a range of actions available to the court… (a) referral… (b) variation… (c) a contact enforcement order… under section 11J… (d) an order for compensation for financial loss (under section 11O)… (e) committal to prison; or (f) a fine.” [1]
The legal test for an enforcement order (unpaid work requirement)
Under Children Act 1989, section 11J:
“If the court is satisfied beyond reasonable doubt that a person has failed to comply with a provision of the child arrangements order, it may make an order (an ‘enforcement order’) imposing on the person an unpaid work requirement.” [4]
“The court may not make an enforcement order if it is satisfied that the person had a reasonable excuse… The burden of proof… lies on the person claiming… and the standard of proof is the balance of probabilities.” [4]
In practice, this means: the applicant must prove the breach beyond reasonable doubt; the respondent must prove any “reasonable excuse” on the balance of probabilities. [4]
What the court can order if it enforces
If the court enforces the order, it may impose an unpaid work requirement of 40–200 hours. It may also order compensation for financial loss (for example, unrecoverable costs of a missed holiday or travel wasted by a failed handover). [3][1]
“Depending on your situation… they might make: an ‘enforcement order’—… 40 and 200 hours of unpaid work; an ‘order for compensation for financial loss’… if you missed a holiday.” [3]
When the court may decline to enforce
The court might not enforce the existing order if the non-compliance is justified (a “good reason”) or if it concludes that it is better for your children to do something different—often by varying the CAO so the arrangements are workable. [3][1]
“The court might not enforce… if… they have a good reason [or] it’s better for your children to do something different.” [3]
Process: how an enforcement application is made
- Complete Form C79 to ask the court to take action for breach of a CAO (or to vary/revoke an existing enforcement order, or to seek compensation for financial loss). [2][5]
- Court fee is £263; applications are sent to the child’s local family court. [3][5]
- If your CAO was made before 8 December 2008, a “warning notice” must be attached using Form C78 (post‑2008 orders already include one). [3]
- You must identify which CAO terms were breached, when, and how often; attach the CAO and any relevant evidence (communications, witness notes, receipts supporting any financial loss). [2]
- Cafcass/CAFCASS Cymru will carry out safeguarding checks as necessary; the court may request a Cafcass report on the impact of enforcement measures on the child and parents. [2][1]
“Cafcass/CAFCASS CYMRU will carry out checks as it considers necessary.” [2]
“If the court finds that a breach has occurred… especially an unpaid work requirement, then… they will sometimes ask Cafcass to write a report on what the impact will be on the child and parents.” [1]
Evidence to prepare for enforcement
- A breach schedule: dates, the clause breached, what should have happened, what happened, and supporting proof (texts/emails/WhatsApps). [2]
- The sealed CAO (and any later orders), plus any prior enforcement order you seek to amend/revoke. [2]
- For compensation: receipts and documents evidencing the loss and why it was caused by the breach. [2][3]
- Notes of attempts to resolve matters or to be flexible (relevant to proportionality and remedy). [1]
Enforcement vs. variation (short explainer)
- Enforcement is appropriate where there is a clear, workable CAO and a party has failed to comply without reasonable excuse. The court may order unpaid work and/or compensation. [4][3][1]
- Variation is appropriate where the CAO has become unworkable or circumstances have changed (e.g., relocation, school timetable changes). Even on an enforcement application, the court can choose to vary the order if that better meets the child’s needs. [1][3]
References
Cafcass · Web · n.d.
HMCTS · PDF (C79) · 2022
GOV.UK · Web · n.d.
UK Legislation · Web · 2025
