C79 Form — Enforcement of Child Arrangements Order

What is a C79 Enforcement Application?

A C79 form is the paperwork you use to ask the family court to enforce a Child Arrangements Order (the order that sets out who the child lives with, spends time with, or has contact with). You would file a C79 when the other parent (or the person named in the order) is not doing what the order says they should – for example, they are refusing to let you see the child, or they are repeatedly turning up late or not returning the child at the agreed time.

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When is a C79 Used?

• Breach of a Child Arrangements Order – the other party is not complying with the terms set out in the order.
• Repeated or serious breaches – one‑off minor slip‑ups can sometimes be sorted out informally, but if the problem keeps happening or is causing real disruption to the child’s routine, a C79 is the formal way to ask the court to step in.
• You have tried other routes first – it’s usually helpful to try mediation, a solicitor’s letter, or a simple reminder before going to court, but you don’t have to exhaust every option if the breach is clear and ongoing.

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What Can the Court Do?

If the judge decides the other party has breached the order, they have a range of powers. The court will choose what is proportionate to the seriousness of the breach and what is in the child’s best interests. Possible outcomes include:

| Action | What it means | When it might be used |

|--------|---------------|----------------------|

| Unpaid work (Community Service) | The person is ordered to do a set number of hours of unpaid work for the community. | For moderate breaches where a financial penalty alone might not be enough. |

| Fine | A monetary penalty payable to the court. | Often used for first‑time or less serious breaches. |

| Variation of the Order | The court can change the existing Child Arrangements Order – e.g., adjust the timing, location, or conditions of contact. | When the current order is not working and a tweak would help both parties comply. |

| Committal to Prison | In the most serious cases (e.g., repeated, deliberate, or obstructive breaches), the court can impose a short period of imprisonment. | Reserved for blatant disregard of the court’s authority; used only after other sanctions have failed or when the breach is extreme. |

| Suspended Commital Order | The court threatens imprisonment but suspends it, giving the person a chance to comply. If they breach again, the suspended sentence can be activated. | A middle ground that encourages compliance without immediate jail time. |

The judge will consider the welfare of the child as the paramount factor, the history of compliance, and any explanations offered by the other party.

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What Evidence Do You Need?

You’ll need to show the court that a breach has occurred and, ideally, that it is ongoing or repeated. Helpful evidence includes:

1. Copy of the Child Arrangements Order – the exact terms you are relying on.

2. A diary or log – dates, times, and details of each missed or disrupted contact (e.g., “12 Mar 2025 – ex‑partner did not return child at 6 pm as ordered; child returned at 9 pm”).

3. Communications – text messages, emails, or WhatsApp chats that show the other party refusing, making excuses, or agreeing then not following through.

4. Witness statements – if a relative, friend, or childcare provider saw what happened, a short written statement from them can support your log.

5. Any relevant reports – e.g., a school note showing the child was upset or missed school because of disrupted contact, or a CAFCASS report if one exists.

6. Proof of attempts to resolve – copies of mediation invitations, solicitor letters, or informal requests showing you tried to sort it out before going to court.

You don’t need to produce every piece of evidence; the court will look at what you provide and decide if it’s enough to prove a breach.

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What to Expect If a C79 Has Been Filed Against You

If you are the person named in the application (the respondent), here’s a general idea of the process:

1. You’ll receive the paperwork – a copy of the C79 form, a statement from the applicant explaining the alleged breaches, and any evidence they have attached.

2. A date for a first hearing – usually a short “directions” hearing where the judge decides what needs to happen next (e.g., whether more evidence is needed, if mediation should be tried again, or if a full hearing should be set).

3. Opportunity to respond – you can file a short statement setting out your side of the story, any reasons for the alleged breaches (e.g., illness, transport problems, misunderstandings), and any evidence you have (your own log, messages, etc.).

4. Possible mediation – the judge may refer you both to mediation again if they think it could help.

5. Final hearing – if the matter isn’t resolved, there will be a hearing where both sides can speak, present evidence, and answer the judge’s questions. The judge will then decide:

- Whether a breach occurred.

- If so, what sanction (if any) is appropriate.

- Whether the order should be varied, or if any other action is needed.

6. Outcome – you’ll receive a written order explaining the judge’s decision and any requirements you must follow (e.g., pay a fine, do unpaid work, comply with a varied order, or face further steps if you don’t comply).

Throughout the process, the court’s aim is to protect the child’s welfare and encourage both parents to stick to the agreed arrangements. Showing that you are willing to cooperate, explaining any genuine difficulties, and proposing practical solutions can go a long way.

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A Friendly Reminder

This information is meant to give you a general idea of how a C79 enforcement application works in the family court. Every case is different, and the best course of action depends on the specific facts and circumstances of your situation. Please consider getting advice from a solicitor, a legal aid adviser, or a Citizens Advice bureau to talk through your options and make sure your rights and responsibilities are fully protected.

You’re not alone in this – many parents find the process stressful, but taking one step at a time and keeping the child’s wellbeing at the forefront helps things move forward. If you feel overwhelmed, reach out for support; there are people and organisations ready to help. Wishing you strength and clarity as you navigate this step.