What Happens If a Parent Refuses to Comply With a Contact Order?
Breaching a court-ordered child arrangement is a serious matter. The parent seeking contact has legal remedies including enforcement orders and, ultimately, transfer of residence.
Quick Answer
If a parent breaches a Child Arrangements Order by refusing to allow contact, you can apply to the family court for an enforcement order. The court can impose unpaid work requirements, financial penalties, or in persistent cases transfer residence of the child to the other parent. The welfare of the child remains the paramount consideration throughout.
Full Explanation
A Child Arrangements Order (CAO) is a court order made under the Children Act 1989 that sets out where a child lives and when they spend time with each parent. Breach of a CAO is a serious matter — the party who breaches it is in contempt of court and can face significant consequences.
The Children Act 1989 section 11J gives the family court power to make an 'enforcement order' when a party has failed without reasonable excuse to comply with a CAO. An enforcement order requires the non-complying party to undertake unpaid work (community service) of up to 200 hours. Before making an enforcement order, the court must be satisfied beyond reasonable doubt that the order was breached and that the person had no reasonable excuse — the criminal standard of proof applies.
In less serious cases, or as an alternative to enforcement, the court can make a 'contact activity direction' (section 11A) requiring a party to participate in activities such as parenting programmes or mediation. The court can also make an order for financial compensation where financial loss has resulted from a breach (e.g., cancelled travel bookings).
In persistent cases of wilful breach, the court has the ultimate sanction of varying the CAO so that the child lives with the other parent ('transfer of residence'). This is a significant step that courts are reluctant to take but will do when the welfare of the child requires it — for example, where persistent denial of contact is causing the child emotional harm by being deprived of a relationship with the other parent.
The welfare of the child is always the paramount consideration. The court will not enforce contact in a way that the child has clearly and strongly expressed they do not want (taking into account the child's age and maturity). However, courts are alert to cases where a child's views have been influenced by one parent.
Legal Basis
- §Children Act 1989, sections 11A–11P (enforcement of child arrangements orders)
- §Family Procedure Rules 2010
- §Children Act 1989, section 1 (welfare paramountcy principle)
What To Do
Document Each Breach
Keep a detailed written record of every occasion contact was refused or curtailed: dates, times, what was said, and any witnesses. Include text messages and emails. This evidence is essential for any enforcement application.
Attempt to Resolve Without Court
Write to the other parent reminding them of the court order and the consequences of breach. Consider contacting CAFCASS (Children and Family Court Advisory and Support Service) for guidance. Mediation may resolve ongoing disputes if the relationship allows.
Apply to the Family Court for Enforcement
If breaches continue, apply to the family court using Form C79 (application to enforce a child arrangements order). A hearing will be listed. The court will require evidence of the breach and will consider an enforcement order or other remedy.
Apply for Variation if Needed
If the current order is not working, consider applying to vary it — for example, to increase enforcement mechanisms, add a 'lives with' order, or modify the contact arrangements to be more practical.
Consider Committal in Extreme Cases
In the most serious cases of persistent and wilful breach, it is possible to apply to commit the breaching parent to prison for contempt of court. This is a last resort and courts use it sparingly, but it is available.
Important Warnings
Do not take the child without complying with the order yourself — if you breach any part of the order, this will undermine your application and harm your case.
Courts are concerned about the welfare of children in all enforcement proceedings — being seen as aggressive or unnecessarily litigious will not help your position.
International parental child abduction — taking a child abroad in breach of a CAO — is a criminal offence under the Child Abduction Act 1984.