Hi Yogi,
I've just read your post. It is completely understandable why you are so frustrated. To have a court order in your hand that is supposed to protect your time with your children, only to have it consistently ignored, is an infuriating and heartbreaking situation.
The official advice you've received is procedurally correct but fails to give you a clear and powerful strategy. Social services are right that this is a court matter, but that does not mean you are powerless. You have a legally binding Child Arrangements Order (CAO) with a penal notice attached. This is a very powerful tool, and it is time to use it.
The Hard Truth: Social Services Are Not the Answer
You are right that there are issues here, but social services see this as a "private law" matter between two parents. They will not get involved unless there is a new and specific safeguarding risk to the children. Their refusal to engage is not because they don't care, but because this is a job for a Family Court Judge, not a social worker.
Your Urgent Action Plan: Enforcing the Order
You do not need social services. You need to take the evidence of the breaches of the order back to the court that made it.
Step 1: Become a Meticulous Evidence Gatherer
This is your most important job. You must create a "breach diary." Every single time contact is cancelled or cut short, you must log it with the date and time.
Keep all communication: Save every text message or email where contact is changed or cancelled.
Note the impact: Write down how the children reacted. Were they upset? Disappointed? This shows the emotional harm being caused.
Step 2: The Formal Warning Letter
Before you go back to court, you should send a formal, written letter (or email) to the other parent. This shows the judge you have tried to resolve the issue one last time.
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Subject: URGENT: Breach of Child Arrangements Order dated [Date of Order]
I am writing to you formally about the repeated breaches of the Child Arrangements Order made on [Date].
The order states that contact will take place every fortnight. On
- , contact was either cancelled or cut short. This is a breach of the order and is causing significant emotional distress to our children.
This letter is my final request for you to adhere to the terms of the court order. If the breach happens again at the next scheduled contact on [Date of next contact], I will be left with no choice but to make an urgent application to the court to enforce the order, and I will be asking the judge to consider the penal notice.
I hope we can resolve this for the children's sake without returning to court.
Sincerely,
[Your Name]
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Step 3: The Enforcement Application
If they breach the order again after receiving your letter, you must immediately apply to the court to enforce the order.
The Form: You will need to fill out a C79 form.
The Power of the Penal Notice: The penal notice you mentioned is a serious warning attached to the order. It means that if the judge finds the other parent has breached the order without a reasonable excuse, they can be punished with a fine, unpaid work, or even prison (though this is very rare).
By taking these steps, you are not starting a new fight. You are asking a judge to enforce a decision they have already made. You are holding the other parent accountable to the rule of law.
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For full transparency, I am not an official adviser for this forum. I am a parent who has been through a long and successful legal battle with a local authority, and I am here to offer supportive, strategic advice based on my own lived experience. The information I share is for guidance, and it is always up to each parent to decide what is right for their own situation.