Court forms · C79
The C79 form: when an order is not kept to
Form C79 is how you ask the family court to enforce a child arrangements order that is not being kept to[1][2]. The court can order unpaid work or compensation for money you lost, but only if it is sure the order was broken without a reasonable excuse[3][4][5]. The fee is £270[6].
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01/ At a glance
Form C79 at a glance
Apply for an order related to the enforcement of a child arrangements order, or to set aside or change an existing enforcement order.
Always take the form from its GOV.UK page: an old edition can be returned.
02/ What it is for
What the C79 form is for
GOV.UK says to apply on Form C79 to enforce a child arrangements order, and to read guidance leaflet CB5 if you need help[1]. The same form is used to set aside or change an enforcement order that has already been made[2].
It is a form for an order that already exists[2]. If you both agree a change, you can ask the court to approve a consent order; if you cannot agree, you can ask the court to vary the order, and Form C100 is used to end one that is not working[1]. See child arrangements orders.
03/ The legal test
When the court can enforce a child arrangements order
The court can make an enforcement order only if it is satisfied beyond reasonable doubt that a person failed to comply with a provision of the child arrangements order[4]. It cannot make one if the person had a reasonable excuse, and the person claiming the excuse has to prove it on the balance of probabilities[4].
GOV.UK says the court might not enforce the order if there is a good reason it is not being followed, or if it is better for the children to do something different[1]. In making an enforcement order the court must take the child's welfare into account[12].
- There must be a warning notice: the person must have been given, or told the terms of, the warning notice attached to the order before the failure[13][3].
- The person must have been 18 or over when they failed to comply[13].
- The person must be habitually resident in England and Wales[13].
- The order must be necessary to secure compliance, and its likely effect proportionate to the seriousness of the breach[12].
- Unpaid work must be available in the local justice area where the person lives or will live[12].
Orders made before 8 December 2008
Orders made after that date already include a warning notice; for an earlier order you use Form C78 to attach one[1]. The fee for attaching a warning notice is £57[14].
Contempt of court
HMCTS leaflet CB5 says anyone who fails to keep to a child arrangements order may be in contempt of court and could be fined or sent to prison[3].
04/ Who can apply
Who can apply on a C79
Only these people can apply for an enforcement order[4]:
- a person the child lives with, or is to live with, under the order[4];
- a person whose contact with the child is provided for in the order[4];
- a person subject to a condition or activity condition in the order[4];
- the child, with the court's permission, which it gives only if the child has sufficient understanding[4].
Compensation is claimed by the person who says they lost money, and the same reasonable-excuse defence applies[5].
05/ Section by section
What each section of the C79 asks
The 06.26 form runs to 14 pages[2]. Leaflet CB5 helps you complete it[1].
| Section | What it covers |
|---|---|
| Section 1 | The current child arrangements order: court, case number, date; attach a copy |
| Section 2 | Which order you are applying for |
| Section 3 | About you, and a second applicant if there is one |
| Section 4 | The children the order is about |
| Section 5 | The respondents |
| Section 6 | Other people to be notified |
| Section 7 | Why you are applying: how the arrangements were broken, or the money you lost |
| Section 8 | Other current court cases about the children |
| Section 9 | Statement of truth |
| Section 10 | Attending court: interpreter, disability, special arrangements |
Read off the 06.26 form[7]. To keep your contact details from the other people in the case, leave them blank and complete Form C8[7].
Section 7: why you are applying
For an enforcement order, the form suggests saying how the child arrangements have been broken, when it happened and how long it is since you had contact with the children[7]. Stick to dates and what happened; the court has to be sure of the breach before it can act[4].
Cafcass checks
The form says Cafcass, or Cafcass Cymru in Wales, will carry out checks as it considers necessary[7]. The checklist asks for one copy of the application for Cafcass or Cafcass Cymru[7].
Do you need a MIAM?
Enforcement is not in Practice Direction 3A's list of children applications that need a MIAM, and the C79 has no MIAM section[15][7]. If the arrangements need changing rather than enforcing, a new application to vary usually does need one[15]; see is a MIAM compulsory?.
06/ The fee
How much a C79 application costs
An application for an enforcement order costs £270, the same as a compensation claim[6][16]. An application about an existing enforcement order costs £119, and one to amend it after a change of address £81[17][18].
The C79 says you may be exempt from all or part of the fee, and has a box for a Help with Fees reference[7]. Help with Fees is for people on a low income or benefits[19].
07/ Checklist
What to have ready before you send it
The C79's own checklist asks for these[7]:
08/ Getting help
Help with a C79 application
You can represent yourself without a legal adviser, and GOV.UK points to AdviceNow, Support Through Court and Citizens Advice[20]. If contact has stopped because of safety concerns, see Form C1A and domestic abuse support.
09/ Questions
Frequently asked questions
What is a C79 form?
How much does a C79 cost?
What can the court do if a child arrangements order is broken?
What counts as a reasonable excuse?
Can a child apply to enforce an order?
Do I need a MIAM before a C79?
10/ Sources
Sources we checked
- Change or enforce an order (Making child arrangements if you divorce or separate) — GOV.UK
- Form C79: Apply to the court to enforce a child arrangements order — HMCTS, GOV.UK · Form C79 (06.26), PDF — HMCTS
- CB5: Applications related to enforcement of a child arrangements order — HMCTS
- Children Act 1989, section 11J — legislation.gov.uk
- Children Act 1989, section 11O — legislation.gov.uk · Children Act 1989, section 11P — legislation.gov.uk
- The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk
- Form C79 (06.26), PDF — HMCTS
- FMC MIAM Standards (Aug 2022) PDF
- GOV.UK — mediation · FPR r3.9
- FPR Part 3, r3.8(1)(d)
- CB5: Applications related to enforcement of a child arrangements order — HMCTS
- Children Act 1989, section 11L — legislation.gov.uk
- Children Act 1989, section 11K — legislation.gov.uk
- The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk
- Practice Direction 3A — Ministry of Justice
- The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk
- The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk
- The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk
- GOV.UK — Get help with court fees
- Apply for a court order: get help from a legal adviser — GOV.UK
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