This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn about legal options for enforcing contact orders in England and Wales. Understand the process, mediation, court actions, and steps parents can take to ensure contact with their children is maintained.
When parents or guardians separate or divorce, ensuring that a child maintains a strong and healthy relationship with both parents is often a key consideration. In some cases, the courts may issue a contact order to establish how a child will spend time with each parent. However, enforcing these contact orders can sometimes be challenging, particularly if one parent is not complying with the agreed arrangements. This article outlines the legal options available for parents looking to enforce contact orders in England and Wales.
What is a Contact Order?
A contact order is a legal decision made by the court that sets out the terms for a child to spend time with one parent, often when the parents live separately. This order is usually made after a dispute, or where there is concern about the child's relationship with one of the parents.
Contact orders can take various forms:
- Direct Contact: Regular face-to-face time with the child, including overnight stays.
- Indirect Contact: Contact through other means, such as phone calls, emails, or letters.
What Happens if a Contact Order is Not Followed?
If a contact order is not being followed by the parent who has been given responsibility for the child, it can lead to complications. Non-compliance with a contact order can significantly impact the child’s emotional well-being and their relationship with both parents.
However, there are legal steps parents can take to enforce the order.
Legal Options for Enforcing a Contact Order
If a contact order is not being followed, parents can take several legal actions:
1. Mediation
Before pursuing legal action, parents are generally encouraged to attempt to resolve their disagreements through mediation. Mediation is a less adversarial process that can help parents find a mutually agreeable solution.
- Benefits: Mediation allows for more control over the outcome, costs are typically lower than going to court, and the process can often resolve issues more quickly.
- When Mediation Is Not Suitable: If mediation is unsuccessful or deemed inappropriate, parents may need to seek court intervention.
2. Applying for Enforcement in Court
If mediation is unsuccessful, or if a parent refuses to engage with the process, the next step is to apply to the court for enforcement. This process can be complex, but it can involve the following:
- Application for Enforcement: A parent can apply for the enforcement of the contact order if the other parent is refusing to comply. The court will review the circumstances and determine what actions are appropriate.
- Possible Court Actions:
- Direct Contempt of Court: If a parent deliberately refuses to comply with a contact order, they may be found in contempt of court, which can result in fines or even imprisonment.
- Order for Compensation: If one parent has incurred costs due to non-compliance, such as travel costs or lost income, the court may order the other parent to compensate them.
3. Changing the Contact Order
If one parent persistently fails to comply with the original order, the other parent may seek to modify the contact order. This could include changing the frequency or nature of the contact. The parent seeking the change will need to apply to the court and provide evidence that a change is in the best interests of the child.
- Variation Application: An application can be made to the court to vary (change) the contact arrangements if the current order is no longer workable or in the best interests of the child.
What Happens in Cases of Persistent Non-Compliance?
If the non-compliance continues after legal enforcement steps are taken, courts can take additional measures, such as:
- Supervised Contact: In extreme cases, the court may decide that contact should take place under supervision to ensure the child's safety and emotional well-being.
- Changing Custody Arrangements: In very rare cases, persistent non-compliance with contact orders may lead to a change in the primary residence of the child, meaning that the child may live with the parent who is actively facilitating contact.
What Are the Costs Involved in Enforcing a Contact Order?
Enforcing a contact order can be costly. Court fees may be incurred, particularly if the parent seeking enforcement applies for a variation or enforcement order. In addition, there may be costs associated with legal representation.
However, if a parent is unable to pay these costs, they may be eligible for fee exemptions or reductions, depending on their financial circumstances.
What Are Your Next Steps?
Enforcing a contact order is a serious matter and should be approached with care. Parents are encouraged to consider all options, including mediation, before resorting to court intervention. If a contact order is not being followed, parents have legal recourse through the courts, which can involve seeking enforcement, applying for a change to the order, or even requesting supervised contact.
It is important to act in the best interests of the child and ensure that their relationship with both parents is maintained. Legal advice should be sought to navigate the complexities of family law and ensure the child's needs are prioritised.
