Camilla Fusco provides guidance for putting in place successful contact arrangements
Most family law practitioners will have experience of making applications for child arrangement orders (CAOs) which regulate the arrangements concerning whom a child will spend time with and when (formerly contact). However, advising clients about the most effective remedies for enforcement of such orders (referred to here as “contact orders”) can be far more difficult. This article examines the powers and sanctions available to the court in contact cases.
Background
The family courts have faced criticism from some as being slow to enforce court orders in child contact cases. Often the concern for judges (and clients) is that the enforcement route may increase the level of conflict and impact adversely on the child. A report published in December 2013 by Exeter University entitled Enforcing contact orders—problem-solving or punishment? (Liz Trinder, Joan Hunt, Alison Macleod, Julia Pearce, Hilary Woodward) analysed a nationally representative sample of 215 enforcement applications and reached some interesting conclusions:
- Although the public perception is that enforcement problems stem from implacably hostile mothers
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