Enforcement of an Order for contact or residence

This how to guide explains the steps that you can take to enforce a Child Arrangements Order, a Contact Order or a Residence Order if one party has acted in breach of its terms. 

A Contact Order or Child Arrangements Order is a legally binding order. If the child is not made available as per the order, then the person with whom the child is to have contact under the order can seek enforcement of the order. The first step we would recommend is to write a letter to the resident parent in breach of the order to remind them of the legally binding nature of the order, refer them to the warning notice and stating that if it is not complied with court action will be sought. 

If contact is not taking place despite these efforts then an application for enforcement can be made.
This is done using the following forms:

1. Form C79 – Enforcement of Child Arrangements Order application form. This has a £263 application fee.

2. Fee or Form EX160 (fee exemption,) – please see EX160A for guidance.

If a Contact Order has been granted prior to 8th December 2008, the person with whom the child is to have contact with under the order may need to apply for a Warning Notice to be attached to the Contact Order before they can apply for enforcement of the Contact Order. This application is made using the form C78 and costs £50. From that point onwards the order will be known as a Child Arrangements Order.

Warning Notices were automatically attached to all Contact Orders from the 8th December 2008. A Warning Notice warns the resident parent that if the child is not made available for contact as per the order, then they could be found in contempt of Court and the notice lists the various penalties that may be imposed by the Court. It is important to check your Contact Order to check whether this Warning Notice is attached. If no warning notice is attached then you will first have to apply for a Warning Notice to be attached as explained above. 

During the enforcement proceedings, the Court will consider whether a breach has taken place, the severity of the breach and whether there is a reasonable justification for the breach. It will then decide the punishment, if any, to be imposed. Penalties may include:

• A warning
• A fine
• Community Service
• In the most serious cases, a transfer of residence or a custodial sentence.

If a person with whom the child is to have contact with under the order does not attend all of the contact sessions or is late to contact, the resident parent should consider applying for a variation or a discharge of the order. It is important to consider what is in the child(ren)’s best interests, especially if the non-resident parent or other person named under the order is not wishing to spend time with the child(ren). The court are unlikely to enforce an order in these circumstances. 

Enforcement of a Residence Order (granted pre 22.04.2014) or a Child Arrangements Order for residence

A Residence Order or a Child Arrangements Order is a legally binding document and therefore must be complied with by both parties. If the order is breached (for example the non-resident parent does not return the child to the resident parent’s care), the resident parent can apply to the Court for enforcement of the Order and ask the Court to appoint a person responsible for returning the child back to their care.

To apply for enforcement of a Child Arrangements Order for residence or Residence Order, the resident parent will need to complete a Form C79 and lodge it with their local Family Court (please see above court process). The court can issue an Enforcement Order and issue sanctions against the person on breach of the order.

If you feel there is an emergency situation, then you can apply for the child to be returned to your care by completing form C3 for Taking Charge and Delivery of a Child. You would need evidence as to why this is needed urgently. The order will authorise a police officer or member of court staff to collect and return the child to you. 

If you are unsure which form is applicable in your situation, then please call and speak to one of our legal advisors on 0300 330 5480. 

The parties at this time may also wish to consider if a variation of the order is needed, as set above. It may be that the order has broken down and aspects of it need to be revisited, for example the non resident parent’s contact may need to be altered or it may be that a shared residence arrangement needs to be implemented. Please see our page on Variation or Discharge of a Child Arrangements Order for more information.

Enforcement of Child Arrangements Order or Contact Order – Flowchart