When an Order Is Not Being Complied With
A child arrangements order is legally binding. If the parent with whom the child lives is refusing to make the child available for contact, or is otherwise not complying with the order, you can apply to the court to enforce it. You do not have to accept non-compliance.
The C79 Application
The complete step-by-step guide: Fight for Contact -- The Complete Guide for Fathers. Everything you need to act today, not next week.
Apply to enforce the order using Form C79. File the C79 at the court that made the original order. There is no court fee. In the C79, set out the specific occasions on which the order has not been complied with, with dates and details.
Evidence to Gather
Before making the application, gather evidence of every occasion contact was refused or frustrated. This includes: dates, times, what happened, any messages or calls where contact was refused, and any witness evidence. A contemporaneous record kept in a diary is particularly useful.
What the Court Can Order
On an enforcement application, the court can: make an order for unpaid work (community service), impose a fine, order the defaulting party to pay compensation for financial loss caused by the breach, vary the existing child arrangements order, or in serious cases of persistent breach, commit the defaulting party to prison for contempt of court.
Urgent Applications
If the situation is urgent -- for example, the child has been taken away and you do not know where they are -- you can apply without notice for an urgent hearing. Contact the court and explain the situation. The court can act within hours in genuine emergencies.
Before You Apply
Make sure the existing order is clear and specific enough to be enforced. An order that says contact will take place "as agreed between the parties" is difficult to enforce because there is no specific obligation. If the order is vague, consider applying to vary it to make it more specific at the same time as applying to enforce it.