The Consequences of Failing to Comply with Child Arrangement Orders (1 September 2025)

A Child Arrangements Order is a legally binding order made by the court which can specify either who the child will live with or how much time the child will spend with each parent. Failure to comply with this order can lead to unnecessary delays and added frustration in family law proceedings, potentially affecting the outcome of a case that is already likely to be complex and emotionally charged.

There may be many reasons why a party to proceedings does not comply with a court order, however, non-compliance can have detrimental impacts on family law proceedings and Judges and Magistrates are often very critical of parties that do not comply with court orders. This is because the paramount consideration in court proceedings, particularly those concerning children, is the welfare and safeguarding of the subject children involved and a failure to comply with a court order can have a direct impact on the safeguarding of the children involved.

This is certainly true in certain cases where the court have ordered for a Child Arrangements Order to be in place, whether the contact takes the form of overnight contact, contact in the community, supervised contact or through indirect contact. In the event that a parent does not ensure that a Child Arrangement Order is abided with, the court will consider the impact this has on the subject children.

Impacts of noncompliance with a Child Arrangement Order in family law proceedings

These orders are put in place to ensure the proceedings are fair and the children involved are safeguarded from risks of harm, therefore it is essential that all orders are followed. Non-compliance can cause serious issues and delays:

1. Further applications. Where one party does not comply with their duties outlined in a court order, this can often lead to the other party issuing further applications to the court to highlight to the Judge or Magistrates the other parties non-compliance. This can result to negative inferences being drawn against the court which will not be in the favour of the party that did not comply. This can also cause further delays in the proceedings and mean that they last longer than originally anticipated, which can often be expensive, emotional and frustrating.
2. Contempt of court. This is any type of behaviour or action that oppose the authority of the court. The penalties for being in contempt of court can be serious and can, in some severe situations lead to a prison sentence, a fine, or both.
3. Allegations of parental alienation. Parties that do not comply with a Child Arrangement Order and prevent the other party having contact with the child, can be at risk of the other party, making allegations of parental alienation against them. Should these allegations be proven against a party, the court can draw negative inferences from this which may lead to the below happening.
4. Change of contact arrangements. Where parties are not complying with a court order to make the child available to have contact with the other party, the court may consider changing the current contact arrangements.
5. Change of residence for the child. Multiple failures to comply with a court order, especially where one party is ordered to make the child available for contact with the other party, may result in a change of residence for the child. This is where the Judge or Magistrates will order that the child will live with the other parent, either as a final order or as an interim order until a further decision can be made. This can be emotionally distressing for all parties involved and there is a risk of a change of residence damaging the party’s relationship with the subject children.

Seeking advice

Where there are valid reasons to not comply with directions provided in a Child Arrangement Order, parties must consider obtaining legal advice before they deviate from a court order to ensure they understand the possible impacts on the proceedings. Solicitors will be able to advise clients on other routes to take, such as issuing an application to varying an existing order, or complying with the order and raising their concerns at the next hearing, where proceedings are ongoing. Where a party is concerned that there is non-compliance with a court order, it is important to take action quickly to ensure that the proceedings are not affected.

For families facing such urgent situations, expert legal guidance is essential. Duncan Lewis Solicitors’ Family and Child Care law team offers top-tier assistance in complex child protection cases, including international abductions and public law children cases. Contact the team in confidence at 033 3772 0409 for specialist advice on safeguarding children’s welfare.

About the Author

Charlie Guest is a Caseworker in the Family and Child Care department, based in the Birmingham office at Duncan Lewis Solicitors. Under the Supervision of Director Sophie Rayment, Charlie supports solicitors and assist clients on a variety of family law issues, including both private and legal aided funded matters.

For advice or assistance on a child care matter, contact Charlie by email at CharlieG@duncanlewis.com, or by telephone at 02072752696.

Duncan Lewis Solicitors

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. We were most recently crowned Law Firm of the Year at the prestigious LexisNexis awards 2024.