My ex-partner isn’t complying with a Child Arrangements Order. What can I do?

Obtaining a Court Order for child arrangements

Many parents will go through a stressful time obtaining a Court Order for child arrangements often after lengthy proceedings. It is therefore very frustrating when they have a “final” Order and it is not being complied with. However, not abiding by the order means that the order is being breached, and the court can be asked to enforce it.

It is important that you consider whether the breach is worth an application to the Court to enforce. You should think about what approach the Court is likely to take if you make an application or whether it is an issue that can be better resolved without the need for the Court’s assistance.

These days Courts are unlikely to be sympathetic if it is a matter that ought to be worked out without the Court’s involvement. The emphasis is on the fact that as parents, you need to find a way of working together for the benefit of your child.

As with any Court applications relating to child arrangements, the welfare of the child is always the priority and you need to consider whether or not the breach of an Order is significantly impacting the child. CAFCASS will be asked to carry out updating Safeguarding checks and further reports should the child’s welfare remain a concern.

What are the first steps?

It could be that your ex-partner is not complying with the current Court Order in place without giving any reason, or that they are making excuses that you do not feel are reasonable.

The first step is to establish the issues and communicate (either by letter, email or parenting app) with your ex-partner to see whether matters can be settled without the need for taking the matter back to Court. It may become clear at that point that the other parent is unwilling to reinstate the arrangements, is not prepared to discuss alternative arrangements or possibly that there simply needs to be flexibility on both sides.

It could be the case that the arrangements haven’t broken down altogether, but time is lost due to a child arriving late or the other parent has pre-arranged an event which falls on your time. For example, the other parent could have been slightly late to hand overs on a few occasions which could be reasonable in circumstances, such as being held up in traffic or simply getting the child ready to leave. On the other hand, your child may have not been made available on more than one occasion without a reasonable excuse, and if alternate arrangements are not agreed to make up for lost time, this could impact on the relationship between you and your child.

How can the Court help?

If it is not possible to re-establish the terms of the Court Order already in place and an agreement cannot be reached through communicating with your ex-partner, then you can seek the Court’s assistance by applying for an Enforcement Order.

An application would be submitted stating how the current Order is not being complied with providing any evidence you may have, and the Court is asked to make an Enforcement Order to enforce the current arrangements. The Court may reconsider the arrangements and alterations could be made depending on the circumstances.

What enforcement options are available?

It is a matter for the Court to consider and decide whether there should be any repercussions for an Order not being complied with. In fact the first question that the Court  will consider is whether or not the parent not complying with the Order has a reasonable excuse for the breach.

This is an important point as if the court decides there was a reasonable excuse, then no penalties will be imposed, and the court may view the enforcement application as unnecessary and even as a form of harassment.

Even if there is no “reasonable excuse” the Court can be reluctant to actually punish someone for breaching an Order and they  may simply be warned not to do it again.

Alternatively, the Court can attach a “Penal Notice” to an Order, which would give the Police the power of arrest, where the person not complying with the Order could be fined or imprisoned.

Amongst the other option the culpable parent  can be ordered to carry out community work; pay of compensation if the breach has caused financial loss or, depending on the severity of the breach, the Court may consider making  a new Order to address any issue such as parental alienation and even to change  who the child lives with.

Can the Police take action?

The Police do not have the power to enforce a Child Arrangement Order unless there is a Penal Notice attached.

How can Andrew Isaacs Law help?

Should you be having any difficulties with a Court Order already put in place and it is not been complied with by the parent of your child/children and require advice, then please do not hesitate to give us a call and we can advise you further on the possible steps.

Andrew Isaacs Law are here to make the process easier for you and we understand that your family matters.

Article dated: 19/02/2026

Francesca Mears Senior Family Law Paralegal

Francesca is our Senior Family Law Paralegal, with many years’ experience working on a varied family law caseload. In her day to day role, Francesca will usually be preparing legal documentation and letters and taking client instructions and advising them accordingly.