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05 February 2016 / Camilla Fusco
Issue: 7685 / Categories: Features , Family
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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
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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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