Breach of Contact or Residence Order: What to Do

What contact and residence orders mean now

Contact orders and residence orders were court orders that set out arrangements for children. A contact order determined who could spend time with a child or communicate with them. A residence order determined where a child lived. These terms are now historical.

Since April 2014, both have been replaced by a single child arrangements order. This one order covers where a child lives, how they spend time with each parent, and how indirect contact such as phone calls or video calls should take place. If you have an older contact or residence order, it remains valid and enforceable, though circumstances may have changed since it was made. Some parents choose to apply for a child arrangements order to reflect their current situation under the updated framework.

When a court makes one of these orders, both parents are expected to follow it. In most cases, that is exactly what happens. But sometimes one parent refuses to comply, and the other is left uncertain about their options.

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What counts as a breach

A breach is anything that goes against what the order says. If the order states a child should be collected at 5pm on Fridays and that does not happen, that is technically a breach.

Courts take a practical view. Being five minutes late on one occasion is unlikely to be treated the same as repeatedly refusing to allow contact at all. What matters is whether the breach is serious, deliberate, or part of a pattern.

Common examples of breaches include:

• Refusing to make a child available for agreed contact
• Regularly returning a child late without good reason
• Preventing phone calls or other communication set out in the order
• Moving a child to a different address without permission when the order restricts this
• Consistently making excuses to cancel contact sessions

If you are experiencing repeated breaches, keep a written record. Note dates, times, and what happened. This documentation can be useful if you later need to demonstrate to a court what has been going on.

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Steps you can take

Before going back to court, consider whether the issue can be resolved another way. Direct communication with the other parent may help if the relationship allows it. A family mediator can sometimes assist when direct conversation proves difficult. Mediation is not compulsory in breach situations, but it can avoid the stress and cost of court proceedings. Maintaining open communication with the other parent, where safe to do so, can benefit your child regardless of whether court action becomes necessary.

If informal approaches do not work, you can apply to the court for enforcement using Form C79. You must submit this to the family court that made the original order. You will usually need to show that you have attended a Mediation Information and Assessment Meeting beforehand, unless you qualify for an exemption. Exemptions include cases involving domestic abuse or where mediation would not be suitable. There is a court fee for this application, though you may qualify for help with fees depending on your circumstances. Check GOV.UK for current fee amounts and exemption criteria.

When you apply for enforcement, the court will consider the evidence and decide what action to take. The other parent will have a chance to explain their side. Courts examine whether the breach occurred without reasonable excuse and focus primarily on the welfare of the child.

What the court can do

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

• Ordering unpaid work in the community, typically between 40 and 200 hours
• Ordering financial compensation for contact sessions that were lost, covering costs such as travel or activities that went to waste
• Requiring attendance at a parenting programme designed to help parents understand the impact of their behaviour on children
• Varying the original order to make arrangements clearer or more enforceable
• In serious cases, transferring residence to the other parent
• Committal to prison, though this is rare and treated as a last resort

Courts are generally reluctant to impose harsh penalties if there is any reasonable explanation for what happened. An enforcement application does not always result in punitive measures, particularly where the breach was minor or unintentional. The focus remains on finding solutions that encourage both parents to cooperate in the child's best interests.

If breaches continue even after enforcement action, you can make a further application. Repeated breaches can lead to more serious consequences, and courts do take ongoing non compliance seriously over time.

Consider seeking legal advice before making an enforcement application, particularly if the situation is complicated. A family law solicitor can explain your options and help you present your case clearly. Legal aid for enforcement proceedings is generally only available in cases involving domestic abuse or child protection concerns. If you do not qualify for legal aid, you may be able to find assistance through a local law centre that offers free advice.

The Citizens Advice website has guidance on family court processes. The Family Mediation Council can help you find an accredited mediator if you want to attempt that route first.

Dealing with a breach of a court order is frustrating, particularly when it affects your time with your children. But there are clear legal routes available, and courts do act when orders are not being followed.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Father's Rights Checker lets you check what legal rights you have as a separated father. Takes 2 minutes. Try it now →