Anna Ellis, solicitor, on new provisions for enforcing contact orders:

New provisions for enforcing contact orders in the Children and Adoption Act 2006 came into effect on 8th December 2008.

When one party does not adhere to a court order providing for defined contact to the non resident parent, the court’s enforcement powers have previously been limited to three options.

These are committing a parent to prison or making a suspended imprisonment order which may well not achieve the reinstatement of contact, imposing a fine which may deprive a parent on a limited budget and not be consistent with the welfare of the child, or transferring residence.

This third option is not necessarily always available because the other parent may not have capacity to care for the child full time.

Under the new provisions, the court can direct a parent to take part in an activity that would promote contact with a child or make it a condition of granting a contact order that the parent undertakes such an activity.

Contact activities could include parenting classes/ programmes or counselling sessions that assist a parent to establish, maintain or improve contact.

Where the court is satisfied that a contact order or a condition attached to a contact order has been breached, the court can impose a community based enforcement order requiring a person to do unpaid work. The type of work to be undertaken will be determined by a probation officer.

The court can also order that one parent is to pay the other compensation for financial loss by the breach of an order. This may include for example, the cost of a pre arranged holiday or outing where one parent refuses the children to go at the last moment without reasonable excuse.

Cafcass Officers (Children and Family Court Advisory Support Service) can monitor compliance with a contact orders, activities and enforcement and report back to the court.

All contact orders made or varied after 8th December 2008 will have a Warning Notice on them, to warn parents of the consequences of non compliance with the order.

The provisions should help to ensure a continuing meaningful relationship with both parents for the children whenever it is necessary for an application to be made to the court in respect of contact.