header-logo header-logo

05 February 2016 / Camilla Fusco
Issue: 7685 / Categories: Features , Family
printer mail-detail

Making contact work

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:

  1. Although the public perception is that enforcement problems stem from implacably hostile mothers
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll