What Happens if an Ex Breaks a Child Arrangement Order

By Jess 14th January 2026 in Child Arrangements

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Updated 16th December 2025 | Fact Checked By Jess Knauf, Co-Founder, Family Law Service

Key Points at a Glance

• What breaking a Child Arrangement Order means – when your ex fails to follow court-ordered contact arrangements without reasonable excuse
• Legal consequences – enforcement options range from warning letters to fines, unpaid work, or even imprisonment in serious cases
• Practical steps to take – document every breach, try to resolve informally first, then consider formal enforcement applications
• When legal support helps – C79 enforcement applications and court hearings requires proper preparation and evidence
• Real-world outcomes – we’ve helped parents enforce orders and hold non-compliant exes accountable through structured legal action
• Prevention tips – clear, detailed orders and good communication can reduce the risk of future breaches

What Happens if an Ex Breaks a Child Arrangement Order?

What happens if an ex breaks a Child Arrangement Order? It’s a question that lands in our family law experts’ inbox’s almost daily, usually accompanied by frustration, worry, and a sense of powerlessness.

You’ve been through the court process. You’ve got a legally binding order that sets out when your children spend time with each parent. But now your ex is cancelling contact, making excuses, or simply ignoring the arrangement altogether.

The good news? Breaking a Child Arrangement Order is a serious matter, and the courts have enforcement powers to deal with it. The challenge is knowing what steps to take, when to act, and how to build a case that gets results.

In this guide, we’ll walk you through exactly what constitutes a breach, what the legal consequences are, and how to take action if your ex refuses to comply with a Child Arrangement Order.

What Does “Breaking” a Child Arrangement Order Actually Mean?

A breach of a Child Arrangement Order happens when one parent fails to comply with the terms without reasonable excuse.

This can look like:

• Refusing to hand over the children at the agreed time
• Cancelling contact repeatedly without valid reasons
• Moving away without informing the other parent (if the order includes a “lives with” provision)
• Preventing indirect contact, like phone or video calls
• Taking the children on holiday during the other parent’s contact time

The key phrase here is “without reasonable excuse”. The courts recognise that genuine emergencies happen. A child falling ill, a car breakdown, or a family bereavement are all legitimate reasons for missing contact.

What doesn’t count as reasonable? Vague excuses, ongoing hostility, or simply deciding the order “doesn’t work” anymore.

“Our team has often see clients who’ve tolerated months of excuses before realising they have legal options,” says Jess Knauf, Co-Founder. “The earlier you document and address breaches, the stronger your enforcement case becomes.”

What Happens if an Ex Breaks a Child Arrangement Order – the Legal Consequences

When a parent breaches a Child Arrangement Order, they’re in contempt of court. This isn’t a minor administrative issue, when it comes to arrangements for your children, it’s a serious matter that can result in penalties.

Enforcement Options Available to the Court

The court has several enforcement powers under the Children Act 1989 and the Family Procedure Rules 2010:

1. Warning and Monitoring

For first-time or minor breaches, the court may issue a formal warning and require the breaching parent to attend a monitoring hearing. This puts them on notice that future non-compliance will have consequences.

2. Unpaid Work Requirement

Under Section 11J of the Children Act 1989, the court can order the breaching parent to complete between 40 and 200 hours of unpaid work. This is similar to community service and is designed to act as a deterrent.

3. Financial Compensation

The court can order the breaching parent to compensate the other parent for financial losses caused by the breach. For example, if you lost money on pre-booked travel or took unpaid leave from work because your ex cancelled contact.

4. Enforcement Order with a Suspended Committal

In more serious cases, the court can make an enforcement order alongside a suspended committal order. This means the breaching parent faces imprisonment if they breach the order again.

5. Committal to Prison

In the most serious cases, persistent and wilful breach of a Child Arrangement Order can result in a prison sentence of up to two years. This is rare and reserved for cases where the breach is deliberate, ongoing, and undermines the child’s welfare.

It’s worth noting that the court’s primary focus is always the child’s welfare. Enforcement action is designed to restore compliance, not to punish parents vindictively.

What Happens if an Ex Breaks a Child Arrangement Order? – How to Take Action

If your ex is breaching the order, you have options. But acting strategically is key.

Step 1: Document Every Breach

Start keeping a detailed record of every breach. Include:

• Dates and times when contact was cancelled or refused
• Screenshots of messages or emails showing excuses or refusals
• Any witnesses who can confirm the breach (family members, friends, teachers)
• Financial losses you’ve incurred (travel costs, lost wages)

This evidence will form the foundation of your enforcement application.

Step 2: Try to Resolve It Informally First

Before heading to court, try to address the issue directly. Send a polite but firm message to your ex outlining the breaches and asking them to comply with the order going forward.

Sometimes, a formal letter from a solicitor can be enough to prompt compliance without the need for court action.

I remember a client we worked with at Mediate UK who was facing repeated cancellations from their ex. A single mediation session helped them agree on clearer communication and flexibility around contact, avoiding costly enforcement proceedings altogether.

Mediation isn’t always appropriate (especially in cases involving domestic abuse or serious hostility), but it can be a useful first step if there’s any chance of cooperation.

Step 3: Apply for Enforcement (Form C79)

If informal attempts fail, you can apply to court for enforcement using Form C79 (Application for Enforcement Order).

You’ll need to:

• Complete Form C79 and pay the court fee (currently £270)
• Provide a copy of the original Child Arrangement Order
• Submit a detailed statement outlining the breaches, including dates, times, and evidence
• Serve the application on your ex at least 14 days before the hearing

The court will then schedule an enforcement hearing where both parties can present their case.

“Preparing for an enforcement hearing can feel overwhelming, especially if you’re representing yourself,” says Jess. “That’s where our court prep meetings at Family Law Service come in. We help clients organise their evidence, draft their statements, and understand what to expect on the day.”

Step 4: Attend the Enforcement Hearing

At the hearing, the judge will consider:

• Whether the breach occurred
• Whether the breaching parent had a reasonable excuse
• What enforcement action is appropriate
• What’s in the child’s best interests going forward

You’ll need to present your evidence clearly and calmly. The court isn’t interested in blame or arguments, it wants facts and a demonstration that enforcement is necessary to restore compliance.

If the judge finds the breach proven, they’ll decide on an appropriate enforcement order.

What If the Breaches Are Serious or Ongoing?

If your ex has repeatedly ignored the order, or if they’ve done something serious like relocating with the children without permission, you may need to take more urgent action.

Applying for a Prohibited Steps Order or Specific Issue Order

If your ex is threatening to take the children abroad, move them to a different area, or make major decisions without consulting you, you can apply for a Prohibited Steps Order or Specific Issue Order to prevent this.

These applications can sometimes be made urgently (ex parte) if there’s a risk of immediate harm to the children’s welfare.

Contempt of Court Proceedings

For serious breaches, you can apply for committal proceedings under the Family Procedure Rules. This is a more formal process where your ex could face imprisonment if the breach is proven.

Committal is rare and usually reserved for cases where all other enforcement options have failed.

Can Your Ex Be Sent to Prison for Breaking a Child Arrangement Order?

The short answer is yes, but it’s extremely rare.

Prison is seen as a last resort because sending a parent to prison rarely serves the child’s best interests. The courts prefer enforcement orders, unpaid work, or compensation.

However, in cases of persistent, wilful, and serious breaches, committal to prison can and does happen. The maximum sentence is two years.

The key factors the court will consider are:

• How many breaches have occurred
• Whether the breaching parent showed any remorse or willingness to comply
• Whether the breaches have caused significant harm to the child’s welfare
• Whether other enforcement measures have been tried and failed

If you’re facing this level of non-compliance, it’ is important to get legal advice. Our fixed-fee legal advice sessions at Family Law Service can help you understand your options and next steps.

What If You’re Accused of Breaking the Order?

If you’re the one being accused of breaching a Child Arrangement Order, it’s important to take it seriously.

Understand the Allegations

Read the enforcement application carefully. What specific breaches are being alleged? Are the dates and times accurate?

If you had a reasonable excuse for any missed contact (illness, emergencies, genuine logistical issues), gather evidence to support this.

Respond Promptly

You’ll need to file a response to the enforcement application, usually using Form C7. Be honest, clear, and focus on the facts.

If you’ve made genuine mistakes or misunderstood the order, acknowledge this and propose how you’ll ensure compliance going forward.

Get Legal Support

Even if you believe the allegations are unfair, don’t ignore them. Failing to engage with the process can make things worse.

Our team at Family Law Service can review the allegations, help you prepare your defence, and attend court with you if needed. We also offer CAFCASS prep meetings to help you understand what CAFCASS (the Children and Family Court Advisory and Support Service) will be looking for if they’re involved.

How to Prevent Future Breaches

Prevention is always better than enforcement. Here’s how to reduce the risk of breaches happening in the first place.

Make Sure the Order Is Clear and Detailed

Vague orders lead to disputes. Make sure your Child Arrangement Order includes:

• Specific days, times, and handover locations
• Arrangements for school holidays and special occasions
• Provisions for indirect contact (phone, video, letters)
• A mechanism for reviewing the order if circumstances change

The clearer the order, the less room there is for misunderstanding or manipulation.

Communicate in Writing

Where possible, use email or co-parenting apps (like Our Family Wizard or TalkingParents) to communicate about contact arrangements. This creates a paper trail and reduces the risk of misunderstandings.

Be Flexible (Within Reason)

Life happens. If your ex genuinely needs to swap a weekend because of a family wedding or work commitment, try to be accommodating. Flexibility can go a long way in maintaining a workable relationship.

That said, flexibility shouldn’t be taken for granted. If changes are frequent or one-sided, it may be time to revisit the order.

FAQ – What Happens if an Ex Breaks a Child Arrangement Order

Can I stop my ex from seeing the children if they break the order?

No. If your ex breaches the order, you cannot unilaterally stop contact in response. The order is still legally binding, and you must continue to comply with it. The proper course of action is to apply for enforcement through the court.

How long does an enforcement application take?

It depends on court availability, but enforcement hearings are usually listed within 4 to 8 weeks. If the breach is urgent (for example, if your ex has taken the children abroad), you may be able to get an emergency hearing sooner.

What if my ex has moved away without telling me?

If your ex has relocated with the children without informing you (and the order requires them to notify you or get permission), this is a serious breach. You can apply for enforcement and may also need to apply for a Prohibited Steps Order to prevent them from moving again without court approval.

Do I need a solicitor for an enforcement application?

No, you can represent yourself. However, enforcement hearings can be complex, and having legal support can significantly improve your chances of success. At Family Law Service, we offer court form completion services and court prep meetings to help you prepare thoroughly, even if you’re representing yourself on the day.

What if the court decides not to enforce the order?

If the court finds that the breach was minor or that your ex had a reasonable excuse, they may not impose any enforcement action. However, they’ll usually issue a warning and make it clear that future breaches will result in penalties.

Can the order be changed instead of enforced?

Yes. If the original order is no longer working (for example, because of changes in work schedules or the children’s needs), you or your ex can apply to vary the order using Form C100. It’s often better to seek a variation than to breach the order and face enforcement.

How Family Law Service Can Help

At Family Law Service, we’re here to make the process easier with targeted services that give you clarity and confidence.

Whether you need help preparing an enforcement application, attending a court hearing, or simply understanding your options, we’re here to support you.