My Ex Keeps Breaching the Court Order — What Now?

Late handovers, last-minute cancellations, and outright refusals to comply with child arrangements can quickly erode trust between parents and, more importantly, harm children’s sense of security. If you’re facing repeated breaches of a Child Arrangements Order, knowing how to document the issues and prompt the court to act is essential—especially if you’re representing yourself.

Minor vs Serious Breaches: What Counts?

Not every missed handover is a breach worth escalating. Judges expect parents to show flexibility for genuine reasons—illness, unavoidable traffic, or emergencies. However, a pattern of repeated no-shows, vague excuses, or outright refusals to facilitate contact is viewed very differently. The key is to distinguish between isolated incidents and behaviour that undermines the order’s intent.

Keep a detailed diary. Note every missed or late handover, including the date, time, and any explanation given. Over time, this record can reveal whether the other parent’s actions are reasonable or part of a pattern of obstruction.

Building Your Evidence Dossier

The court relies on evidence, not just allegations. The more organised and objective your evidence, the stronger your case. Consider including:

• WhatsApp screenshots and emails: Save all relevant messages about handovers, cancellations, or refusals. Make sure the date and time are visible.

• School attendance or medical records: If missed contact coincides with unexplained absences or sudden illnesses, these records can help clarify the facts.

• Witness statements from neutral parties: If a friend, relative, or professional has witnessed a handover or a breach, their statement can add weight to your application.

Organise your evidence chronologically. This makes it easier for the judge to follow the sequence of events and spot patterns.

Enforcement Options: What Can the Court Do?

If informal efforts fail, you can apply to the court for enforcement. The main tool is Form C79: Application to enforce a Child Arrangements Order. This form asks the court to take action against the parent who is not complying.

The court has a range of powers, including:

• Warning notices: These remind the non-compliant parent of the consequences of further breaches and can be a wake-up call.

• Community service or compensation: For more serious or repeated breaches, the court can order unpaid work or financial compensation for losses (such as missed holidays).

• Transfer of residence: In extreme cases, if the court believes a child’s welfare is at risk due to persistent non-compliance, it can order the child to live with the other parent.

Did you know?
Repeated minor breaches, even if each seems trivial, can add up. The court may view a pattern of minor breaches as unreasonable behaviour, which can trigger costs orders against the offending parent.

Practical Tips for Self-Represented Parents

• Always remain child-focused in your evidence and applications. Avoid emotional language or personal attacks.

• If you receive a warning notice, take it seriously and respond promptly.

• Keep your own conduct above reproach—judges notice when one parent is consistently reasonable and child-centred.

Caira can auto-generate a clear chronology from your evidence and pre-populate Form C79, saving you hours and helping you present a strong, organised case.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.