Last updated: July 2026
by Jess Knauf, Director of Client Strategy at Mediate UK. Reviewed by Belinda Atkins, Managing Director, Family Legal Ltd. This blog is written in accordance with our editorial standards. Information is current as of 21 July 2026.
Key Takeaways
- You can ask the family court to enforce a Child Arrangements Order using Form C79 when the other parent breaks it without a good reason.
- An enforcement order is a specific power the court has to make the parent in breach do 40 to 200 hours of unpaid work.
- The court can also order compensation, vary the order, or in serious cases impose a fine or prison for contempt.
- The court must be sure the breach happened without a reasonable excuse, and the child’s welfare stays the priority throughout.
- Mediation is the court’s preferred route and can often fix the problem faster than an enforcement hearing.
How to Enforce a Child Arrangements Order
To enforce a Child Arrangements Order, you apply to the family court on Form C79, setting out how the order has been breached. The court can then make an enforcement order requiring 40 to 200 hours of unpaid work, order compensation, vary the order, or impose a fine or prison for contempt in serious cases. Mediation is encouraged first and often resolves the issue more quickly.
A Child Arrangements Order (CAO) sets out where a child lives and who they spend time with. When one parent ignores it, it is upsetting for the child and the parent left out. If you are asking how to enforce a Child Arrangements Order, this guide explains what an enforcement order is, how to apply using Form C79, what the court can do, what happens at an enforcement hearing, and how mediation can often solve the problem without going back to court.
If there is no court order yet, read denied access to your child? 6 steps to see them again instead.
What Is an Enforcement Order?
An enforcement order is a specific power the family court has under section 11J of the Children Act 1989. If the court decides a parent has broken a Child Arrangements Order without a reasonable excuse, it can order them to carry out between 40 and 200 hours of unpaid work, a bit like community service. It is designed to make a parent take the order seriously without punishing the child.
Every Child Arrangements Order comes with a warning notice attached, which explains what can happen if the order is not followed. So an enforcement order is usually the next step after a warning has already been given. It is one of several tools the court can use, and it is not the only one, as we explain below.
How Do You Enforce a Child Arrangements Order?
Enforcing a Child Arrangements Order follows a clear set of steps. Rushing straight to court is rarely the best move, so work through these in order:
Try mediation first. Family mediation can often resolve a breakdown in contact without court, and the court expects to see you have tried it. You will usually need to attend a MIAM before you can apply.
Document every breach. Keep a clear record of dates, times and what happened each time the order was not followed, along with any messages. This becomes your evidence.
Apply on Form C79. If mediation does not work or is not suitable, apply to the family court using Form C79, setting out the breaches and attaching your evidence.
Attend the enforcement hearing. The court considers whether there was a breach without a reasonable excuse and decides what to do, always with the child’s welfare as the priority.
Contact broken down but want to avoid court?
Mediation often gets contact back on track faster than an enforcement application. Book a MIAM to get started, or arrange a free call to talk it through first.
What Are the Court’s Enforcement Options?
If the court finds the order was breached without a reasonable excuse, it has a range of options and will choose the one that fits the situation and protects the child:
- A warning notice: a formal reminder of the order and what happens if it is broken again, often the first response to a one-off breach.
- An enforcement order: 40 to 200 hours of unpaid work for the parent in breach, under section 11J of the Children Act 1989.
- Compensation for financial loss: under section 11O, for example the cost of a holiday or travel wasted because of the breach.
- Varying the order: changing the Child Arrangements Order where the current one is no longer working.
- A parenting programme: referral to a Separated Parents Information Programme to help both parents make the arrangements work.
- A fine or, in the most serious cases, prison: for contempt of court where a parent repeatedly and deliberately ignores the order.
The court tends to start with the least severe option that will work. Sending a parent to prison is a genuine last resort, because it rarely helps the child.
What Happens at an Enforcement Hearing?
At an enforcement hearing, the court looks at whether the order was actually breached and, if so, whether there was a reasonable excuse. The person applying has to show the breach happened, and the court must be sure of it to a high standard before making an enforcement order. If the other parent raises a reasonable excuse, they need to explain it.
The court may ask CAFCASS to look into what is happening and report back, particularly where a child is refusing contact or there are welfare worries. Throughout, the welfare of the child is the court’s paramount concern, so any enforcement has to be proportionate and in the child’s interests, not simply a punishment for the other parent.
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What Counts as a Reasonable Excuse for Breaching a CAO?
The court will not make an enforcement order if the parent had a reasonable excuse for not following the order. What counts depends on the facts, but it usually means something genuinely outside their control or a real concern for the child’s safety. Examples might include:
- The child was too unwell to travel or attend contact
- A genuine, evidenced safeguarding concern about the child’s safety
- An emergency, such as a family bereavement or a transport failure outside their control
A child simply saying they do not want to go is more difficult, because a parent is generally expected to encourage contact. If there are real welfare concerns, the right step is usually to go back to court to vary the order rather than to stop contact and hope for the best.
“When contact breaks down, most parents want the same thing, which is to see their child again, not to punish the other parent. We find that mediation often gets to the real reason behind the breach and rebuilds a workable arrangement far faster than an enforcement hearing. Court is always there if it is needed, but it is rarely the quickest way back to seeing your child.”
Jess Knauf, Director of Client Strategy, Mediate UK
Can Mediation Help With Enforcement?
Yes, and it is the route the courts and the government prefer for child arrangements disputes. Mediation gets both parents talking about why the arrangement stopped working and helps them agree a practical fix, which usually lasts better than an order imposed by a judge. It is quicker, less expensive and far less stressful for the child. Based in Bracknell, Mediate UK helps families with Child Arrangements Orders right across England and Wales, in person and online.
Mediation is not right for every case. Where there is abuse or a genuine safeguarding risk, one of the MIAM exemptions may apply and you can go straight to court. It is worth getting advice on the right path for your situation.
Summary
If a Child Arrangements Order is being ignored, you can apply to enforce it on Form C79. The court can make an enforcement order of 40 to 200 hours of unpaid work, order compensation, vary the order, or in serious cases impose a fine or prison for contempt. It only acts where the breach happened without a reasonable excuse, and the child’s welfare guides every decision.
Before you apply, it is worth trying mediation, which the courts prefer and which often restores contact more quickly than an enforcement hearing. Keep clear records of any breaches, and get advice if you are unsure which route is right.
Frequently Asked Questions
What is an enforcement order in the family court?
An enforcement order is a power under section 11J of the Children Act 1989 that lets the family court order a parent who has broken a Child Arrangements Order, without a reasonable excuse, to carry out between 40 and 200 hours of unpaid work. It is one of several enforcement options available to the court.
How do I enforce a Child Arrangements Order?
Try mediation first, keep a clear record of every breach, then apply to the family court on Form C79 if the order continues to be broken. The court reviews your evidence at an enforcement hearing and decides on the most appropriate action, keeping the child’s welfare central.
What is Form C79?
Form C79 is the official application to ask the family court to enforce a Child Arrangements Order. You set out how the order has been breached and attach supporting evidence, and the court then decides how to respond.
What happens at an enforcement hearing?
The court decides whether the order was breached and whether there was a reasonable excuse. The applicant has to prove the breach to a high standard. CAFCASS may be asked to report, and the court then chooses a proportionate response, always with the child’s welfare as its priority.
What is a reasonable excuse for breaching a CAO?
A reasonable excuse usually means something outside the parent’s control or a genuine concern for the child’s safety, such as the child being too ill to travel, an evidenced safeguarding worry, or a real emergency. A child simply not wanting to go is harder to rely on, as parents are expected to encourage contact.
Can a Child Arrangements Order be changed if it isn’t working?
Yes. Varying the order is one of the court’s options. If circumstances have changed or the current arrangement is no longer practical, the court can adjust it to better meet the child’s needs, rather than only enforcing the existing terms.
Do I have to try mediation before enforcing a CAO?
You usually need to attend a MIAM before applying, and the court expects to see that mediation has been considered. Mediation is not required where an exemption applies, such as evidence of domestic abuse, in which case you can apply to court directly.
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Get Contact Back on Track Without Court
If a Child Arrangements Order has broken down, mediation is often the fastest way to rebuild a workable arrangement. Book a MIAM to get started, or arrange a free call if you would like to talk things through first.
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