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Read more articles in: Blog, Family Law, Molly Doyle
3 September 2026
Once parents have separated, it can be a challenging time to decide on child arrangements. If the relationship has ended negatively, then co-parenting can become that much harder.
If child arrangements have broken down, then a Child Arrangements Order (CAO) can be obtained, which states where the child is to live, when they see the other parent, how often and under what terms.
While a CAO is legally binding, sometimes the order is broken or breached and parents can be left wondering what their options are.
A breach occurs if one parent fails to comply with the obligations of the Order without a valid reason.
Common breaches include:
If you believe there has been a breach of a CAO, where possible, you should try to keep a clear record of all breaches, including dates, times and any supporting evidence such as messages. This is important in the case that further action needs to be taken.
The courts will not monitor a CAO once it has been made. Therefore, they will not be aware of a breach unless a formal application for enforcement has been made.
The Family Court will only make an enforcement order if they are satisfied that the other party has failed to comply with the order.
For this, the court will need to be satisfied that the breach is substantial and intentional and that there is ‘no reasonable excuse’ for the Order to not have been complied with.
This is why it is important to keep as much evidence of the breach as possible, to give the court more reason to take action and support your position.
There is wording within a CAO that allows for a standard warning to take place. This will set out the consequences of what will happen if parties fail to comply with the Order.
Once the warning has been given, if the other parent continues to breach the Order, you can then take them to court for not complying with it.
The consequences for breaching an Order can range from unpaid work, financial compensation, fines, a transfer of residence for the child and, in the most serious cases, imprisonment.
If it is safe to do so, the first time a breach occurs, you should try to have a conversation with your ex-partner about the breaches and how to address them.
Should the conversation be unproductive, we are here to support you. Our Family Law team can offer you advice and support to resolve the breach.
For compassionate support with Child Arrangements Orders, get in touch with our team today.