Field Overell LLP Leamington

18/10/2026

Changes to the Conveyancing Protocol

A significant update to residential conveyancing The Law Society is consulting on proposed updates to the National Conveyancing Protocol, the framework that guides good practice...

14/10/2026

Leasehold Reform Update

The Government has announced further measures aimed at strengthening the rights of leaseholders and making property ownership fairer and more transparent in England and Wales....

05/10/2026

Can you recover legal costs in financial remedy proceedings?

A recent decision has highlighted that, although the general rule in financial remedy proceedings is that each party pays their own legal costs, the court...

28/09/2026

Financial matters on divorce

Understand the difference between a separation agreement or consent order and how they affect your divorce settlement.

24/09/2026

When someone dies, dealing with their estate involves far more than identifying assets and obtaining a Grant of Probate. Executors and personal representatives may also...

16/09/2026

Child Arrangements Orders: What Happens If One Parent Breaches the Order?

What counts as a breach?

A child arrangements order is a court order setting out arrangements for where a child lives and/or when they spend time with another person. A breach can occur where a person deliberately fails to follow the terms of the order without a reasonable excuse. Examples may include repeatedly refusing to make a child available for contact, failing to return a child at the time specified, or preventing contact from taking place in accordance with the order. The precise wording of the order is important when deciding whether a breach has occurred.
The court has a wide range of powers in the event of a breach of a child arrangements order without reasonable excuse.

What can you do about it?

Where attempts to resolve the issue directly or through mediation have failed, an application can be made to the Family Court to enforce the child arrangements order. The application is generally made using Form C79. The court will consider what happened, whether the order was breached and whether the person had a reasonable excuse.

What action can the court take?

The court has a range of options where it finds a breach without reasonable excuse. Depending on the circumstances, these can include changing or clarifying the existing arrangements, requiring the parties to undertake relevant programmes or dispute resolution, and other enforcement measures. In appropriate cases, a breach may also give rise to contempt of court proceedings.

Keep a record

Anyone seeking enforcement should keep clear records of alleged breaches, including dates, times, messages and any reasons given for the failure to comply. The court will want evidence explaining why the applicant says the order has been broken. If your attempts at mediation and resolving the matter amicably are not successful, then you can apply to court for the order to be enforced.

Important: A breach does not automatically mean that the other party will be punished. The court will consider the circumstances, including whether there was a reasonable excuse and what outcome is in the child's interests.

Please contact our family law team on 01926 422 101 or [email protected] if you need assistance to deal with the breach and resolve matters.

08/09/2026

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Understand the eviction notice rules in England post-Renters’ Rights Act 2025. Know your rights and obligations as a landlord.

29/08/2026

📢 BANK HOLIDAY CLOSURE 📢

Please note that our office will be closed from Saturday through to Tuesday for the Bank Holiday.

We will reopen on Wednesday 2nd September 2026 from 9:00am to 5:15pm and will be happy to assist you then.

Thank you for your understanding, and we hope you have a lovely Bank Holiday weekend! 🌸

From all of us at the team, have a safe and enjoyable weekend. ☀️

27/08/2026

Domestic Abuse Protection Notices and Orders: What You Need to Know

New Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) are being developed to provide stronger and more flexible protection for victims of domestic abuse.

The measures, introduced under the Domestic Abuse Act 2021, began operating on a pilot basis in November 2024. The pilot has since expanded to areas including Greater Manchester, parts of London, Cleveland and North Wales.

A DAPN can provide immediate protection following an incident of domestic abuse, while a DAPO can give longer-term protection. Orders can include restrictions on where a perpetrator can go or who they can contact, electronic monitoring and requirements to attend behaviour-change programmes. Breaching a DAPO is a criminal offence.

The Government's intention is for DAPNs and DAPOs eventually to replace the existing Domestic Violence Protection Notices and Orders (DVPNs/DVPOs), creating a single, more comprehensive protective framework.

However, national rollout across England and Wales has not yet taken place. The Government's May 2026 post-legislative scrutiny confirmed that the provisions remain subject to the pilot programme, with full national commencement still outstanding.

The rollout will be closely watched by police, courts, domestic abuse services and survivors as the Government assesses how effectively the new powers can improve protection and manage perpetrators.

If you need some advice on a family matter, please contact a member of our family team, who will be happy to assist on 01926 422 101 or [email protected] or [email protected]