Contact Orders And Enforcement

"I have obtained an order from the Court to see my children but it is being ignored and I still cannot get to see them - what can I do?"

This question is often asked by non-resident parent who is still having difficulty in seeing their children despite there being a contact Order.

The Court's powers to enforce contact orders have historically been limited and not necessarily effective. However, on 8 December 2008 the Child and Adoption Act 2006 (Commencement No 3) Order 2008 came into force and gave the Courts new powers to promote contact and enforce contact orders.

Parents can now be directed to take part in activities including programmes, classes, counselling or guidance sessions aimed at establishing, maintaining and promoting contact. Parents can also be directed to attend a programme designed to address violent behaviour in order to assist with contact, if relevant. 

Parents that breach an Order can now be ordered to undertake unpaid work (once known as "community service") and/or to pay the other party for a financial loss caused by a breach. These powers are in addition to the Courts powers to find someone in contempt of Court for breaching an Order and imprisoning them and the Court's ability to alter the residence/contact arrangements of the children because of the breach.

It remains to be seen how the Courts will utilise these new powers available to them and whether they will be truly effective. However, these increased measures should encourage compliance and enable the Courts to more effectively enforce orders where necessary.

If you have any queries regarding contact or residence difficulties then please contact Zoë Gaitskell on 01404 548055.