What Happens If You Breach a Family Court Order?

A family court order is not a suggestion. It is a legal instruction from a court.

If you breach a court order, or if the other parent is breaching one, there are consequences. The severity depends on the nature of the breach, how many times it has happened, and the attitude of the party who is in breach.

This guide explains how enforcement works in family proceedings, what the court can do, and what you should do if you are on either side of a breach.

What Counts as a Breach?

A breach occurs when someone who is subject to a court order fails to comply with what it requires. In children cases, common breaches include:

• Failing to make a child available for contact at the times specified in a Child Arrangements Order.
• Withholding contact without a reasonable excuse.
• Removing a child from the jurisdiction in breach of a Prohibited Steps Order.
• Failing to return a child at the end of a contact visit.
• Moving a child to a different area in breach of an order.
• Allowing contact with a third party in breach of an order restricting it.

In financial remedy cases, common breaches include failing to pay a lump sum or maintenance payment by the date specified, failing to transfer property as ordered, or failing to comply with a pension sharing order.

Not every breach is treated the same. The court considers the nature of the breach, the impact on the child or the other party, whether there was a reasonable excuse, and the history of compliance.

What Is a Reasonable Excuse?

A reasonable excuse for non-compliance with a court order is a genuine, verifiable reason why compliance was not possible. Examples might include a genuine medical emergency preventing a handover, a child who is genuinely unwell, or a genuine financial crisis preventing payment.

What is not a reasonable excuse is disagreeing with the order, believing the other parent is a bad influence, or deciding that the order no longer works for your schedule. If you believe the order needs to be changed, you apply to vary it. You do not simply stop complying.

How Enforcement Works in England and Wales

The Warning

If a Child Arrangements Order does not already contain a warning notice (sometimes called a penal notice), the first step is often to apply to have one attached. A penal notice is a formal warning on the face of the order that failure to comply may result in committal to prison, a fine, or other punishment. The court will attach a penal notice on application where it considers enforcement may be needed.

The Enforcement Application

To enforce a child arrangements order, the party whose rights have been breached applies to the court on a specific form (Form C79 in England and Wales at the time of writing). The court then lists a hearing at which the judge considers whether a breach occurred, whether the breaching party had a reasonable excuse, and what the appropriate response is.

What the Court Can Order

If the court finds that a breach occurred without reasonable excuse, it has several options:

• An enforcement order: requiring the breaching party to carry out between 40 and 200 hours of unpaid work under supervision of a probation officer.
• A financial penalty: a fine payable to the court.
• Compensation: the breaching party pays the other party for any financial loss caused by the breach.
• In the most serious cases, where there has been persistent and wilful failure to comply, the court may commit the breaching party to prison. This is a last resort and is relatively rare, but it does happen.
• A change to the living arrangements: in cases where one parent is consistently withholding contact without justification, the court may decide that the child should live primarily with the other parent.

Committal Proceedings

What to Do If the Other Parent Is Breaching an Order

• Keep a detailed, contemporaneous record of every breach. Dates, times, what happened, any witnesses, any communications about the breach.
• Communicate clearly in writing, usually by text or email. Keep the communications factual and non-confrontational. These messages may be before the court.
• Do not take matters into your own hands. If the other parent refuses to allow contact, you cannot force entry or remove the child yourself. Apply to the court.
• If the breach is serious and immediate, consider whether an urgent application is appropriate.

If You Are in Breach

If you are not complying with a court order, stop and consider carefully why.

If you have a genuine concern about the child's safety, the right response is to apply to the court to vary or suspend the order, not to breach it unilaterally. If you are finding the arrangements unworkable, apply to vary. If there has been a change in circumstances, apply to vary.

Breaching a court order, even with good intentions, creates a record of non-compliance that will be used against you in future proceedings. It undermines your credibility with the judge and can have serious consequences.

Northern Ireland

Getting Help

Whether you are the parent trying to enforce an order or the parent facing enforcement action, this is one of the most legally significant stages of family proceedings. The outcome can affect your child's living arrangements permanently.

John works with clients on both sides of enforcement proceedings. He helps people understand what the court is likely to do, how to present the strongest possible case, and how to avoid mistakes that make a difficult situation worse.

Pricing starts at £297 for one hour.