Interim Applications if There is a Breach of a Children Court Order

When you apply for a child arrangement order, specific issue order or prohibited steps order it is normally a massive relief to get the order from the court. Whether it is an interim order or a final order you probably think that the order gives you a degree of certainty over the parenting arrangements for your child. When the other parent breaches the order, you may not know where to turn or what to do.

Should you put up with the breach of a children court order? What are your options?

Family law solicitor, Angelique Holm, is an expert in children law and can answer all your questions on your best options if there is a breach of a children court order or if you are accused of breaching an order.

For children and family law advice call Angelique Holm on 0203 488 8620 or email
info@hopeholm.co.uk or visit our website Hopeholm Family Law.

What is a breach of a children law order?

A breach of a children law order can take many forms. It could occur during proceedings for a child arrangement order, specific issue order or prohibited steps order after the court has made an interim order pending the final hearing of the court application. Alternatively, the breach could take place shortly after the final order is made or many years later.

Here are some examples of breaches of children law orders:

Not returning a child after a contact visit although there is an order that says the child should reside with the other parent
Not turning up for contact visits even though the court clearly ordered that contact should take place on a set day or at set times each week
Refusing to comply with an interim contact order and to allow the child to see the other parent under an interim child arrangement order. This could be down to parental alienation but the refusal to allow contact to go ahead could be presented as excuses, such as the child is unwell or does not want to go on a contact visit or there is a special family event planned
Turning up at school or nursery when an order has been made to prohibit this
Taking a child out of the UK before a final decision has been made on a relocation order application
Not returning to the UK in compliance with a holiday order that only permits the child to go on holiday abroad for 2 weeks rather than for all the summer holidays
Talking to the child about their other parent in a derogatory manner or not complying with the child’s dietary requirements (such as allergy food issues) despite the contact in the child arrangement order being made conditional on the parent complying with specific conditions

What should you do about a breach of a children law order?

The best thing to do about a breach of a children law order is to take specialist legal advice as soon as the breach occurs. A family law solicitor may tell you that you need to apply back to court straight away or do nothing other than keep a record of the breach.

For example, if your ex-partner is applying for a child arrangement order and the court has made an interim contact order allowing contact every Saturday from 10 am to 4 pm but your ex-partner has not turned up for contact and has not provided an explanation. You need to keep a record of this and any late collections or returns but it may be in your interests to allow a pattern to develop to show the court at the final hearing that your ex-partner is not reliable so the contact arrangements should not continue or should not be extended further.

Every family situation and breach of a court order is different and needs to be assessed carefully. There are many scenarios where it is important to act quickly. For example, if your ex-partner keeps saying your child is unwell or has other activities planned you may need an urgent court hearing to consider the breach of the contact order. That’s because if a status quo of no contact develops it could be used against you later on by saying that it would now be too upsetting to resume contact. Context is important as if the child is genuinely ill or if the parent is offering to switch contact visits to a different day so the child can go to their activity and have a contact visit you may want to hold off on enforcement action.

Action in case there is a breach of a children court order

Here are some key action points if you have the benefit of a children court order but it is being breached by the other parent:

Don’t assume there is nothing to be done. Talk to Hopeholm Family Law about your options. We may be able to secure an urgent court hearing over the breach of the children law order. The court could warn the other parent about the consequences of continued breaches of the order or impose more stringent conditions on the parent and the arrangements or even say that if the order continues to be breached the residence arrangements could be changed
Keep a record of any breaches and the other parent’s response. This could be on your phone or on a note pad but make sure you have the dates and details
Don’t respond with what could be perceived to be threats or abuse if the other parent breaches the court order. Your response is likely to be seen in court and you will do yourself no favours if you send a text swearing at your ex or threatening to stop child support etc. If you know that you can’t write a neutrally worded text, email or social media message then get your family law solicitor to write a letter for you. Sometimes a calm and professionally worded solicitor’s letter will make the other parent realise the consequences of continuing to breach the court order and rethink what they are doing

If you are a parent who is thinking about not complying with a children court order it is equally important that you take legal advice before you breach the court order. The court can act and make orders against you if you ignore the original court order. Your best option may be to make an urgent court application to vary the order if it is not meeting your child’s needs or placing the child at risk. Talking to a family law solicitor will provide you with the measured advice you need before perhaps making a decision you later regret.

For advice on child arrangement orders and resolving family law disputes advice call Angelique Holm on 0203 488 8620 or email info@hopeholm.co.uk or visit our website Hopeholm Family Law.

Anita M

During one of the most difficult and overwhelmingly challenging time of my life, Angelique was the right kind of straight talking, to the point, and no nonsense, say it like it is kind of lawyer....the kind I needed in my corner. It was reassuring to have someone who understood what was fair and reasonable and fought for it with you. You will never need to follow up either via emails or calls. And she's just a call away anytime you need her. Can't recommend her enough.

Alan Samuel

I generally can not believe how stressful a divorce can actually be. But after years of anticipation I finally retained my life back thanks to the Hopeholm Family Law team, especially Angelique who guided me every step of the way through the mind field of processes and hoops to jump through - Thank you!

Rabil asad

I can’t thank Angelique enough for everything she’s done for me. From the very start she was calm, honest, and completely straight-forward — no sugar-coating, no false promises, just clear and realistic advice every step of the way. She guided me through one of the toughest times of my life with real professionalism and empathy. Angelique tells you things exactly as they are, but in a way that gives you confidence and direction. Her preparation, attention to detail, and dedication are second to none. Because of her guidance and hard work, I’ve now achieved a fair 50/50 outcome and peace of mind for my son’s future. If you want a solicitor who genuinely cares, fights for what’s right, and has a no-BS approach, Angelique is the one you want in your corner. — Rabil A

sue

I cannot thank Angelique enough for her support, advice and guidance throughout my divorce journey. Angelique was there to explain the legal jargon and what the next steps were along the way with emails, texts and phone calls. She always responded with compassion and understanding of the emotional rollercoaster I was on, I always felt she understood and that I was a person and not just a client. I was recommended Angelique and I too recommend her. Thank you again Angelique for your knowledge, support and guidance, its been a journey for us both!

Deepali Mehra

I had a great experience working with Angelique on renegotiating a financial consent order. She was approachable, clear, and responsive throughout — exactly what I needed during a process that could’ve been overwhelming. She helped me explore different options without pressure, and her explanations made everything easy to understand. We even managed to laugh along the way, which made a real difference. Highly recommend her for anyone wanting a solicitor who’s both professional and down-to-earth.

Jat Dhaliwal

Hopeholm helped me with my case over a year with numerous issues. Angelique provided prompt advice and service throughout. She has gone above and beyond for me and the end result was one I am happy with. Wholehearted recommendation from me for any family law matters.

Anonymous

Angelique (HopeHolm) is an exceptional solicitor with a heart of gold. Her dedication goes beyond just providing legal expertise—she truly cares about her clients and their families. Compassionate and understanding, she takes the time to listen, support, and fight for the best outcome. Her kindness, combined with her professionalism and knowledge, makes her not only a remarkable solicitor but also someone you can trust during the most challenging times. She isn’t just focused on the financial aspect but genuinely prioritizes the well-being of those she represents. Don't hesitate to instruct Angelique to be your solicitor, you won't regret it.

Elsa Franca

After being with other solicitors on my lengthy 3 years court case, I was recommended to Angelique by my barrister. She had to untangle my case which was quite complicated. She worked diligent and strenuously. In the end and for everyone's surprise, she was able to reach a settlement using her expertise, dedication and professionalism. She worked hours on end putting always my children's and my best interest at heart. I can't stress enough how helpful Angelique was! This case put so much financial, emotional and mental strain on me. Angelique was a God sent gift! She is not a common solicitor, she does make a difference! I most HIGHLY recommend her for her professionalism, honesty and unique desire to solve your case as much as you do! I am forever grateful to Angelique and I wish her all the very best in this world!

Fathiya Ali

I cannot thank Angelique enough for her unwavering support and relentless fight for my ongoing child custody case. From the very beginning, she has been more than just a solicitor—she has been a massive support during one of the most difficult times in my life. Her dedication has gone far beyond office hours. She truly cares, not just about my case but about me as a person. Her empathy and compassion are evident in every conversation, as she always checks in on me, listens to my worries—reassuring me throughout this process. Unlike any other solicitor, she provides a truly human experience, going above and beyond to ensure I feel supported and heard. I wholeheartedly recommend her to anyone in need of legal help—she is exceptional in every way.

Sunny Sharma

I strongly recommend Angelique Holm’s Solicitors firm, HopeHolm, for anyone seeking expert legal advice and representation. Her deep knowledge of divorce and family law is matched by her ability to explain complex legal concepts in a clear and approachable manner. Angelique took great care and time to understand my predicament and circumstances, particularly as it came as a sudden shock, but she was able to offer her expertise to achieve the best possible outcomes. Throughout my experience with Angelique, I was consistently impressed by her professionalism, responsiveness, and dedication. Her attention to detail, meticulous preparation, and ability to anticipate potential challenges gave me complete confidence in her abilities. Angelique also demonstrate great empathy and understanding, making the legal process less stressful and more manageable than it could have been in different circumstances. Whether you need advice, negotiation skills, or representation in court, Angelique offers unparalleled expertise and a client-focused approach that ensures you are in capable hands. I would not hesitate to recommend her to anyone in need of reliable and trustworthy legal support services. I am deeply grateful for Angelique & HopeHolm's dedication and advise in my contentious and laboured divorce procedure. Many thanks indeed Angelique.

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