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A Child Arrangement Order (CAO) is a court order that sets out where a child lives and how much time they spend with each parent. It is designed to provide stability and clarity for children following separation. When one party does not follow the terms of a CAO, it can be distressing, frustrating, and deeply upsetting, particularly when it affects your relationship with your child.

Most Child Arrangement Orders include a warning notice, which explains the consequences of failing to comply with the order. This notice makes it clear that the court has enforcement powers and that a parent who breaches the order without a reasonable excuse may face legal consequences.

What Counts as a CAO Breach?

A breach occurs when a parent does not follow the terms set out in the Child Arrangement Order. Common examples include:

• Missed or cancelled contact without a good reason
• Failing to comply with specific terms of the CAO, such as agreed-upon handover locations or times
• Returning a child late or not returning them at all
• Repeatedly ignoring the arrangements set out in the order

Even where the breach seems minor, repeated failures to follow the order can quickly become a serious issue.

Is Every Breach Serious?

Not every breach will automatically lead to court action. The court understands that life can be unpredictable and will look at the circumstances carefully. A one-off issue, such as illness, transport problems, or a genuine emergency, may be considered a reasonable excuse.

However, repeated breaches, deliberate non-compliance, or behaviour that undermines the child’s relationship with the other parent are taken far more seriously. The court will focus on whether the breach affects the child’s welfare and stability.

What Should You Do First?

If a Child Arrangement Order has been breached, it is important to act calmly and strategically:

• Keep a record of breaches, including dates, times, and what happened
• Try to resolve matters through communication where it is safe and appropriate
• Consider mediation as a way to address ongoing difficulties without returning to court
• Seek legal advice early to understand your options and avoid the situation escalating

Taking early advice can help protect your position and reduce stress.

What Can the Court Do?

If the matter cannot be resolved, the court has several enforcement options available, including:

• Making an enforcement order
• Ordering unpaid work
• Awarding compensation for financial loss, such as missed travel or accommodation costs
• Varying the existing Child Arrangement Order to better reflect the child’s needs

The court’s aim is not to punish unnecessarily, but to ensure that orders are respected and that the child’s best interests are protected.

How Greens Solicitors Can Help

At Greens Solicitors Birmingham & Worcester, we provide clear, practical advice on breaches of Child Arrangement Orders. Our child arrangement solicitors can help you gather evidence, explore resolution through negotiation or mediation, and represent you in court where necessary.

If you are dealing with a breached CAO, contact Greens Solicitors for supportive, straightforward advice focused on protecting your child’s welfare and restoring stability.

See also, what evidence do you need for a CAO?