My Ex Has Breached our Child Arrangements Order! Can I Enforce it?
11th March 2025
A source of frustration for parents, who have been diligently through the Family Court Process, is when after painstakingly achieving a Child Arrangements Order, the other parent after a time starts to play by their own rules.
It raises the question: I went through all that trouble to get the Order; can I enforce it against them now?
As with most things, it comes down to your specific circumstances. So, let’s take a look briefly at the law.
The Law
Section 11J of the Children Act 1989 sets out when you can make an application for Enforcement, and it is a two-part test.
- Has the other party breached your Order?
- If so, did they have a reasonable excuse for doing so?
The tricky thing with Enforcement is that the person applying has to prove, beyond reasonable doubt, that the other person has breached the original Order. The other party then has to prove, but only on the balance of probabilities, that if they did, they had a good reason for doing so.
A good reason may be safeguarding issues, a new partner they have legitimate concerns about, a child exhibiting extreme distress after periods with the applying parent, or any other number of reasons.
As such, it is – as always – a nuanced application which we would be happy to discuss with you and give you a steer about whether you are likely to succeed or not. Bear in mind, if you do succeed, it is one of the few child-related applications where, if you win, the other party will usually have to pay your costs.
If you are having issues with your co-parenting breaching a Court Order in relation to Child Arrangements, please contact us at family@moore-tibbits.co,uk or call 01926 354704 and we would be happy to help.
Antonia Kirby
Antonia is a Senior Solicitor in our family team having joined in March 2024. Antonia studied law at the University of Cardiff and qualified as a solicitor in 2015, joining the Law Society’s Specialist Family Panel in 2016.
Any relationship breakdown is a highly stressful life event and Antonia will spend time listening and focussing on her client’s individual needs with particular importance given to the needs of any children of the family.
Antonia is determined and proactive, providing clear, strategic and cost-effective advice with compassion. She prides herself in being approachable and understanding and provides clear practical advice to help clients stay grounded and resolve cases as swiftly and amicably as possible.
With a wealth of experience in all aspects of family law, Antonia provides advice on:
- Divorce and separation
- Cohabiting and unmarried couples
- Child arrangements and disputes
- Adoption/Special Guardianship
- Asset division
- Domestic abuse
- Pre and Post nuptial agreements
- Separation and Cohabitation Agreements
Providing clear and constructive advice, Antonia excels in finding creative solutions in all aspects of family law whether that be by negotiating a settlement outside of the court process or robustly litigating within it.
Outside of work Antonia enjoys cooking, singing/performing, learning languages and spending time with her children and her friends.
