Breach of Orders
When the other parent doesn’t follow a court order, it can feel as though everything you went through was for nothing. It wasn’t. There are clear routes back to court.
Every case is individual, so we start by working out exactly what has happened and which route is right for you.
How I help when an order is breached
- Working out whether there has been a breach, and what evidence you need
- Keeping a clear log: dates, times, messages and missed handovers
- Completing a C79 enforcement application for a child arrangements order
- Breaches of non-molestation orders, alongside reporting to the police
- Applications to change (vary) an order that no longer works
- Drafting your statement and sitting beside you at the hearing
The process, step by step
Record everything
Dates, times, messages and what happened. Keep everything: you never know what you might need.
Check the order
What counts as a breach depends on the exact wording of your order. We read it together.
Choose the routeC79Form C79The form used to ask the court to enforce a child arrangements order that is not being followed.
For a child arrangements order, that may be an enforcement application on form C79. For a non-molestation order, it’s a criminal offence: report it to the police. Sometimes the better route is asking the court to change the order.
Your application and statement
I help you complete the application and write a clear statement, then file it with the court.
The hearing
I come to court with you. The court looks at what happened, whether there was a reasonable excuse, and what is best for your child.
Frequently asked questions
What counts as a breach?
It depends on the order. Generally it means not doing what the order requires, or doing something it forbids, without a reasonable excuse.
Should I call the police?
It depends on the order. Breaking a non-molestation order is a criminal offence, so report it. If you are ever in danger, call 999.
What evidence should I keep?
Keep everything: dates, times, messages, call logs and notes of what happened and how it affected your child. You never know what you might need.
Can the order be changed instead?
Yes. If the arrangements no longer work, you can ask the court to vary the order. I can help you decide which route makes sense.
Have a question that isn’t answered here?
Contact RebeccaReady to talk it through?
Tell me what’s happening and where you are in the process. I’ll explain how I can help, and what happens next.