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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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