Enforcing Custody and Visitation Orders: Remedies and Realities and How We Can Help

When custody and visitation arrangements are formalised by a court in the UK, the expectation is that both parents will comply in the best interests of the child. However, in practice, enforcement issues are common. One parent may withhold a child, repeatedly breach agreed contact times, or engage in conduct that subtly undermines the other parent’s relationship with the child. This can lead to frustration, emotional harm, and an erosion of trust—particularly for the parent left trying to assert their rights.

This article explores the legal remedies available for enforcing child arrangements orders in the UK and highlights how MLS Legal, a leading legal services provider, can support parents navigating this often complex area of family law.

⸻

Understanding Child Arrangements Orders

A Child Arrangements Order (CAO) issued by the Family Court in England and Wales determines who a child will live with, spend time with, or have contact with. It replaces what were previously known as residence and contact orders. These arrangements may be made by agreement or following contested proceedings. However, problems often arise after the order is made, when one parent fails to comply.

Common Enforcement Issues

Enforcement issues may include:

• Repeatedly missed visitations or turning up late;

• Refusal to return the child after agreed contact;

• Emotional manipulation or alienation of the child;

• Last-minute cancellations or making contact difficult;

• Relocation without court consent.

It’s essential to understand that breaching a CAO is a legal offence if done without a reasonable excuse. Yet the courts are often reluctant to impose harsh penalties unless the breach is persistent and deliberate.

Legal Remedies for Enforcement

Parents who find themselves on the receiving end of non-compliance can seek enforcement through several legal routes:

1. Application to Enforce a CAO

Under section 11J of the Children Act 1989, a parent may apply to enforce a CAO. The court will investigate whether a breach occurred and, if so, whether there was a reasonable excuse. If not, the court can impose:

• Community service orders (unpaid work up to 200 hours);

• Financial compensation for expenses incurred due to the breach;

• Variation of the order, including change of residence;

• Referral to parenting programmes or mediation.

2. Committal Proceedings

In rare but serious cases, courts may impose a suspended sentence or imprisonment for contempt of court if the breach is flagrant and persistent.

3. Switching Residency

Where one parent persistently obstructs contact, the court may transfer residency to the other parent if it is in the child’s best interests.

Challenges in Enforcement

Despite legal remedies, enforcement of CAOs can be fraught with challenges:

• Courts tend to prioritise reconciliation over punishment.

• Claims of a “reasonable excuse” (e.g., illness or child refusal) can be hard to contest.

• Proving emotional interference or alienation is legally and emotionally complex.

• Delays in court listings can prolong the breach and escalate conflict.

This is where specialist support from legal professionals becomes invaluable.

How MLS Legal Can Help

MLS Legal is a trusted legal services provider in the UK offering practical, tailored support for clients dealing with custody and visitation enforcement. They understand the emotional strain and legal complexity involved—and provide a combination of strategic advice, legal representation, and compassionate client care.

1. Early Intervention and Mediation

MLS Legal helps clients take proactive steps before returning to court. They can:

• Facilitate mediation or negotiation to restore contact;

• Draft clear, enforceable agreements to reduce ambiguity;

• Advise on gathering evidence of non-compliance.

2. Representation in Enforcement Proceedings

Where court intervention is necessary, MLS Legal can:

• File the enforcement application promptly;

• Represent the client in court and argue against claims of “reasonable excuse”;

• Pursue ancillary remedies such as costs or variation of the order;

• Ensure compliance with court directions and deadlines.

3. Specialist Advice in High-Conflict or Alienation Cases

In complex cases involving parental alienation or safeguarding concerns, MLS Legal works with psychologists, child welfare experts, and the court to present a strong, child-focused case.

4. Support Throughout the Process

They offer fixed-fee consultations, transparent pricing, and ongoing support to make the process less daunting for clients without access to traditional solicitors.

The breakdown of custody and visitation arrangements is emotionally painful and legally difficult. While courts in the UK offer remedies to enforce orders, these can be underutilised or misunderstood. Parents need skilled guidance to assert their rights and protect their child’s welfare.

MLS Legal stands out by offering accessible, experienced support to parents facing non-compliance, helping to enforce orders effectively and restore parenting arrangements that work for everyone—especially the child. Whether you’re seeking early intervention or legal enforcement, MLS Legal is a strong ally in navigating the realities of custody enforcement in the UK.