How to Report a Breach of a Child Arrangements Order.

Navigating a child arrangements order can be a complex and emotional journey for any parent or guardian.

When one party fails to follow the arrangements set by the court, a breach occurs.

Knowing how to report this breach is vital to ensuring that the child's best interests are prioritised.

This article offers detailed insights on reporting a breach of a child arrangements order, particularly through the use of the C79 form.

We will break down everything from identifying a breach to correctly completing and submitting the required documents.

Understanding Child Arrangements Orders

Child arrangements orders are court orders that determine where a child lives and how often they see each parent or the significant adults in their life.

These orders are established after thorough deliberation on what is best for the child.

A breach happens when one parent or guardian does not comply with the order without a reasonable reason. Common examples of breaches include:

• Not allowing scheduled visitations

• Failing to return the child to the other parent on the arranged date

• Ignoring agreed communication methods

  
  

For instance, if a child is supposed to spend weekends with their father and he fails to pick them up without notice, that is considered a breach of the arrangement.

What to Do When a Breach Occurs

Before reporting a breach, take essential steps to assess the situation:

1. Document Everything: Maintain a detailed log of breaches, noting down specific dates, times, and occurrences. For example, record missed visitations and any correspondence regarding the breaches. This will provide solid evidence when you report the breach.

   
   

2. Communicate: If it is safe, reach out to the other parent about the breaches. A direct conversation can sometimes clear up misunderstandings and resolve issues amicably.

   
   

3. Seek Mediation: Consider mediation before escalating the matter. For example, services like the Family Mediation Council can help both parents discuss their grievances with the guidance of a trained professional and facilitate a resolution.

   
   

Gathering Essential Information

When preparing to report a breach, gather the following information:

• Child Arrangements Order Details: Document the court's name, the order's date, and specific terms.

  
  

• Personal Information: Include your name, contact details, and the other party's information.

  
  

• Details of the Breach: Clearly describe the breach, including specifics on how it violated the agreed arrangements.

  
  

The C79 Form: An Overview

The C79 form is dedicated to reporting breaches of a child arrangements order in the UK.

It is an official request to ask the court to enforce the order.

Completing the C79 form accurately is crucial; any errors or omissions can delay the process or lead to rejection.

Where to Obtain the C79 Form

You can obtain the C79 form from:

• Online: It is accessible on the UK government’s official website in the family courts section.

  
  

• Local Family Court: Visit your nearest family court to request a physical copy.

Completing the C79 Form

Carefully fill out each section of the C79 form:

1. Personal Information: Include your details and the other parent or guardian's details.

   
   

2. Details of the Child Arrangements Order: Specify the order's specifics, including the issuance date and particular terms.

   
   

3. Breach of the Order: Detail how the order was breached, supporting your claims with exact dates and instances.

   
   

4. Evidence of Breach: Attach relevant documents such as text messages, emails, or diary entries that support your case.

   
   

5. Signature: Remember to sign and date the form to validate your application.

   
   

Submitting the C79 Form

After filling out the C79 form, follow these steps for submission:

1. Make Copies: Always keep a copy of the completed form for future reference.

   
   

2. Submit the Form: You can typically submit it in person at your local family court or, depending on policies, send it by post.

   
   

3. Paying Fees: Be aware that there may be a court fee for submitting the C79 form. Check the latest fees on the UK government’s website or ask in court.

   
   

4. Attend the Hearing: Once the application is submitted, a court hearing will be scheduled. Prepare yourself to present your case and provide any additional evidence if necessary.

   
   

Understanding Possible Outcomes

After the hearing, the court will review the evidence and may take several actions:

• Reaffirm Existing Arrangements: The court may determine that the current arrangement remains unchanged.

  
  

• Amend the Order: If the breach is deemed significant, the court might modify the order to better reflect the child's needs.

  
  

• Enforcement Action: The court could impose penalties on the parent who violated the order.

  
  

The Value of Guidance

Although it is possible to navigate the process independently, seeking guidance can prove beneficial. Being a member of PAPA can help you:

• Collect and present effective evidence.

  
  

• Understand the terminology used in the C79 form.

  
  

• Prepare for court hearings and clarify what to expect.

  
  

Considering Alternatives to Court Action

If court isn't the preferred avenue, explore the following alternatives:

• Family Mediation: Participating in family mediation can help resolve conflicts constructively, keeping the focus on the child's wellbeing.

  
  

• Counselling Services: Child-focused counselling can help address non-compliance issues, promoting healthier communication.

  
  

• Support Networks: Connecting with organisations focusing on child arrangements can offer emotional support and valuable resources for managing breaches.

How PAPA Can Help

At PAPA, we recognise the stress and emotions involved in handling disputes concerning children.

Our skilled and knowledgeable team of volunteers are here to assist you throughout the process, whether you need help determining if a C79 form is required, preparing the application, or seeking court representation.

We provide expert guidance to help resolve issues swiftly and amicably, always focusing on your child's best interests.

If you're encountering challenges with child arrangements, specific issues, or need to prevent the other parent from taking certain actions, we offer clear, supportive, and effective guidance at every stage.

We can help you navigate these difficult times and empower you to take control of your situation with confidence, ensuring the best possible outcome for your family.

For help with your C79 application or any other family law issue, you can join PAPA here and also gain access to our support networks, courses and other resources.

We’re here to assist you in making the right decisions for your and your child’s future.

In need of help or support?

If you are an alienated parent reading this article and feel you are in need of help and support then please make sure to join PAPA today by signing up here on our website, completely free.

This will give you access to our community support forum as well as our Resource Centre, which includes free downloadable guides to help through the process of being alienated and regaining contact with your children.

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If you are a member of PAPA you can also send us a message here on the website and we will try to get back to you as soon as possible but please bear in mind, we have hundreds of messages weekly so it may take us a while to get back to you.

Regardless of circumstance you are not alone and at PAPA we are here to support you.

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