Child arrangements orders (CAOs) are designed to provide clarity and stability for children after separation. But what happens when one parent refuses to comply? In 2025, enforcement remains one of the most challenging—and emotionally charged—areas of family law.
The Legal Framework
Under the Children Act 1989, courts can make a CAO to determine where a child lives, who they spend time with, and how often. If a parent breaches the order without a “reasonable excuse,” the court can impose a range of sanctions, including:
- Enforcement orders (unpaid work)
- Compensation for financial loss
- Variation of the order
- Transfer of residence
- Committal to prison (in rare cases)
Despite these powers, enforcement is often a slow and complex process—especially when the child is caught in the middle.
Why enforcement of a CAO is difficult
Enforcing a CAO is not like enforcing a debt. Courts must always prioritise the child’s welfare, even when a parent is clearly in breach. Challenges include:
- Children refusing contact (sometimes due to alienation or emotional pressure)
- Parents manipulating the child’s views
- Delays in court listings
- Lack of access to therapeutic support
Practical tips for parents facing non-compliance of a CAO
If you’re facing non-compliance with a CAO, here’s what you can do:
- Keep detailed records of missed contact and communication attempts.
- Try mediation or a parenting coordinator before returning to court.
- Apply to court for enforcement if informal efforts fail.
- Consider a variation of the order if circumstances have changed.
- Seek legal advice early—especially if there are safeguarding concerns.
Looking Ahead: Reform on the horizon for CAO enforcement?
There is growing pressure on the family justice system to improve enforcement mechanisms. Proposals include:
- Faster access to enforcement hearings
- Mandatory parenting programmes
- Greater use of child-inclusive mediation
- Specialist enforcement courts
Until then, the key remains early intervention, clear communication, and legal support.
Need help enforcing a Child Arrangements Order?
Our family law team has extensive experience in resolving contact disputes—whether through negotiation, court action, or therapeutic support. Contact us today for a confidential consultation.
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