What Can I Do If Christmas Contact Is Cancelled or Refused?
Last updated: 27 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: Christmas contact refused or cancelled? What you can do depends on whether there's a court order. With a child arrangements order, you can apply to the court to enforce it on form C79 (£270). Without an order, there's nothing to enforce, so you'd try mediation or apply for an order on form C100 (£270).
Question | What can I do if Christmas contact is cancelled or refused? |
|---|---|
The short answer | With a child arrangements order: apply to enforce it on form C79. Without an order: mediation, or apply on form C100. |
The law | Children Act 1989, section 8 (orders) and sections 11H to 11O (monitoring, warning notices, enforcement, compensation) |
Where it applies | England and Wales |
Key timing | No set time for a C79; a new C100 order usually takes around 10 months. Act early. |
Source checked | GOV.UK and legislation.gov.uk, 27 October 2026 |
What does the law say about Christmas contact being refused?
There's no special Christmas law. The same rules apply on 25 December as on any other day of the year. What matters is whether the arrangement you're relying on is a court order or an agreement between the two of you.
A child arrangements order is made under section 8 of the Children Act 1989. It says who a child lives with and who they spend time with, and it's legally binding. Orders made after 8 December 2008 include a warning notice explaining what can happen if the order isn't followed (section 11I). If a parent breaks the order without a reasonable excuse, the court has powers under sections 11J to 11O of the Children Act 1989 to enforce it.
An agreement you've made yourselves, even a detailed one in writing or by text, is different. GOV.UK is clear that you can agree to do something different from an order, but an informal arrangement isn't enforceable unless it's made legally binding. If you're still at the planning stage, our general guide to Christmas arrangements while separated covers the practical side.
How does it work in practice?
If there's a child arrangements order
If the order says your child spends Christmas Day or part of the holidays with you, and the other parent stops that happening, you can apply to the family court to enforce it. You fill in form C79 and send it to the court that deals with children's cases near you. The fee is £270 (GOV.UK, checked 27 October 2026), and you'll probably have to go to a hearing.
The court has to be satisfied beyond reasonable doubt that the order was broken. That's a high bar, the same standard as a criminal court, so good records really help. Even then, the court won't make an enforcement order if the other parent shows, on the balance of probabilities, that they had a reasonable excuse. We go through the whole process in our guide to enforcement orders.
If the court finds the order was broken without a good reason, it can:
make an enforcement order requiring the parent in breach to do between 40 and 200 hours of unpaid work
order them to pay you compensation for money you lost because of the breach, such as a cancelled trip or a non-refundable booking (section 11O)
Throughout, the child's welfare comes first. The court might decide not to enforce the order if doing something different is better for your child. The court can also ask Cafcass (or Cafcass Cymru in Wales) to monitor how an order is being followed, for up to 12 months (section 11H).
If there's no court order
Without an order, there's nothing for the court to enforce. That can feel very unfair if you'd agreed Christmas weeks ago and it's been cancelled at the last minute. Your options are to try to sort it out by agreement, often through a mediator, or to apply for a child arrangements order on form C100.
Before applying on a C100, you'll usually need to go to a Mediation Information and Assessment Meeting first. We explain what happens at a MIAM in a separate guide, and you may be able to get a voucher worth up to £500 towards mediation. There are exemptions, for example where there's evidence of domestic abuse or where the application is urgent because you or your child are in danger.
Be realistic about timing. GOV.UK says it usually takes around 10 months to get a court order. If you're wondering whether it's too late to apply to court for Christmas contact this year, we've covered that question in detail. Courts are busy, so the sooner you act, the better, and it's worth thinking about next Christmas as well as this one. Our step-by-step guide shows how to fill in the C100 form.
Christmas contact refused: what to do, at a glance
Step | What to do |
|---|---|
1. On the day | Stay calm, leave, send one polite message |
2. Same day | Write down times, messages and costs; keep screenshots |
3. Next few days | Offer another date or a video call |
4. Court order in place | Consider form C79 to enforce (£270) |
5. No court order | Attend a MIAM and try mediation, then form C100 (£270) |
What should I do on the day if Christmas contact is refused?
It's horrible to stand on a doorstep with presents in the car and nobody answering. Here's what usually helps most, both on the day and later on if it goes to court.
Stay calm and leave. Arguing at the door, or turning up again and again, rarely gets your child out, and it can upset them and be used against you later.
Send one short, polite message. Something like: "I was here at 10am as agreed for Christmas. I'm sorry we missed each other. Can you let me know when I can see our child?"
Write down what happened the same day: the time, what was said, any messages, and what you'd paid for. Keep screenshots.
Offer an alternative, such as Boxing Day or a video call. It also shows you tried to make things work.
Get advice once the holiday is over, and decide whether to mediate, apply on a C79 or apply on a C100.
Can I call the police if my ex won't let me see my child?
In most cases the police won't get involved in a contact dispute. Child arrangements orders are enforced by the family court, not the police. Calling them over a missed handover usually doesn't help and can make the day harder for your child.
There are important exceptions. If you believe a child is in danger, call 999. If you're worried the other parent is about to take your child out of the country without permission, that's a different and urgent situation. Our guide to taking a child abroad at Christmas without consent explains the law and what to do.
What if I'm the parent who stopped Christmas contact?
Sometimes there are genuine reasons. Your child might be properly ill, or you might have a real worry about their safety. The law allows for a reasonable excuse, but it's up to you to prove it. If you can, tell the other parent straight away, offer another date, and keep a note of why you made the decision. We look at when a parent can lawfully stop contact in more depth.
What doesn't usually count is being angry with the other parent, a late maintenance payment, or simply preferring to have your child at home. Child maintenance and contact are separate in law. If handovers themselves are the flashpoint, a contact centre may be able to offer a neutral place to swap over.
What if my child refuses contact at Christmas?
This is harder, especially with older children. A child saying they don't want to go won't always be accepted as a reasonable excuse, and the court will put your child's welfare first. If you're the parent they live with, gently encouraging them to go usually helps more than leaving the decision entirely to them. If it keeps happening, it's often a sign the arrangement needs looking at again, ideally with a mediator or, if needed, the court.
What does this mean for you?
For example, if a child arrangements order says your child spends Christmas Eve until Boxing Day with you, and the other parent texts on 23 December to say it's off, you'd make a note, reply calmly and offer another date. If nothing is offered and there's no good reason, you could apply on form C79 in the new year. You'd bring your notes, messages and any receipts for money you lost. The court would then look at what happened, whether there was a reasonable excuse, and what's best for your child now.
If there was no order, just a plan agreed by text, you'd start with mediation, and apply on a C100 if that doesn't work, so that next Christmas is covered by something the court can enforce.
Frequently asked questions
How much does a C79 enforcement application cost?
The court fee for form C79 is £270 (GOV.UK, checked 27 October 2026). You may be able to get help paying court fees if you're on benefits or a low income.
How long does a C79 take?
GOV.UK doesn't give a set timescale. It depends on how busy your local family court is, and you'll probably need to attend a hearing. An application made in December is unlikely to be dealt with before Christmas.
Is breaching a child arrangements order a criminal offence?
Not in itself. A breach is dealt with by the family court rather than the criminal courts, and the court can make an enforcement order with unpaid work or order compensation for financial loss.
Can I get my money back if our Christmas plans were cancelled?
If there's a child arrangements order and it was broken without a reasonable excuse, you can ask the court for compensation for your financial loss under section 11O of the Children Act 1989. It can't be more than you actually lost.
Can I withhold my child at Christmas if I'm worried about their safety?
If you have a genuine safety concern, act to protect your child, call 999 in an emergency, and get advice quickly. You may later need to show the court why you did it.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court, but we can help you understand your options, prepare a C79 or C100 application, and get your paperwork and timeline in order. Email help@incourt.co.uk or use the contact form on our website. You can also read what other parents say about us in our Google reviews.
Related guides
Sources
GOV.UK: Change or enforce a court order (form C79, £270, enforcement and compensation), checked 27 October 2026
GOV.UK: Apply for a court order (C100, £270, MIAM, about 10 months), checked 27 October 2026
legislation.gov.uk: Children Act 1989 section 11J, enforcement orders, checked 27 October 2026
legislation.gov.uk: Children Act 1989 section 11O, compensation for financial loss, checked 27 October 2026
legislation.gov.uk: Children Act 1989 sections 11H and 11I, monitoring and warning notices, checked 27 October 2026
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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