England & Wales · General information
How to evidence a breach of a child arrangements order
If the other parent is not following the child arrangements order, the court will want to see what happened, when, and how often — in a form that cannot be disputed as edited after the event. This page explains what to record, why timestamps and location matter, and how to get it into a document you can hand to a solicitor or the Family Court.
What the court is looking for
Enforcement is not automatic. The court considers whether the order was breached, whether the person had a reasonable excuse, and what is in the child's best interests. That means your evidence needs to show three things clearly: what the order required, what actually happened, and that your account was recorded at the time rather than reconstructed later.
Five steps to a record that stands up
1. Write down what the order actually says
Quote the clause that was not followed — the handover date, time, place and who was responsible for collection or return. A breach is measured against the wording of the order, not against what you both usually do.
2. Record the missed handover as it happens
Make the note at the time, not weeks later. Capture the scheduled time, the time you arrived, how long you waited, where you were, and what was said. Contemporaneous records carry more weight than a recollection written up for the hearing.
3. Keep the record unedited
If a note can be changed after the fact, the other party can argue it was changed. Records that are sealed on creation, carry a reference number and show any later amendment as a separate entry are far harder to challenge.
4. Keep the pattern, not just one incident
A single late handover is rarely enough. Courts look at whether non-compliance is repeated and whether the child is affected. Log every occurrence in the same format so the pattern is visible on one page.
5. Bundle it before you apply
If you apply to enforce (form C79 in England and Wales), you will need a clear, dated schedule of each alleged breach. Export it as one document rather than handing over screenshots in a folder.
Why timestamps and location matter
The most common challenge to a parent's account is that they were not there, or not there on time. A record that stores the UTC time it was created, your GPS coordinates, the accuracy of that reading and the resolved street address answers that challenge before it is made. The same applies to returns — logging the moment a child comes back home, with the reason and any notes, closes the gap between what was ordered and what happened.
How CustodyGuard does this
- • Every log is sealed on creation with a reference number and UTC timestamp. Nothing can be deleted; an edit is stored as a separate amendment with a visible audit trail.
- • The compliance calendar holds your court order schedule and logs a breach automatically when a handover is missed.
- • GPS check-in captures coordinates, accuracy and the resolved address at handover, and returned-home stamps record the reason and notes.
- • One-click export produces a court bundle with every breach, its reference number and its location proof in date order.
Free forever for 15 logs a month. No card needed to try the demo.
Common questions
- What counts as a breach of a child arrangements order?
- Not doing what the order requires without a reasonable excuse — for example not making the child available for the time set out in the order, returning the child late, or not allowing the contact the order provides for. The court decides whether the excuse offered was reasonable.
- What evidence should I keep?
- Dated records of each occurrence, the time you attended, how long you waited, your location, any messages exchanged, and the impact on the child. Keep the messages themselves, not summaries of them.
- Do screenshots and phone notes count?
- They can be put before the court, but they are easy to dispute because they can be edited or presented selectively. Records that are timestamped, sealed and show a full audit trail are harder to attack in cross-examination.
- How do I apply to enforce a child arrangements order?
- In England and Wales you apply to the Family Court, usually on form C79. Check the current guidance and fee on GOV.UK, and take legal advice about your own case — this page is general information, not legal advice.