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13 November 2008
Issue: 7345 / Categories: Features , Child law , Family
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A new era for contact?

Will a new contact regime tame recalcitrant parents? asks Simon Blain

After a lengthy wait, Pt 1 of the Children and Adoption Act 2006 (CAA 2006) will come into force on 8 December 2008. The legislation sets out new powers of the court to make contact activity directions and contact activity conditions, together with new provisions for the enforcement of contact orders.

Contact activity directions
A contact activity direction can be made whenever the court is considering whether to make a contact order, or to vary or discharge an existing order. Contact arrangements must be in dispute between the parties, and the court cannot make such a direction when making a final contact order.

A contact activity direction is defined as “a direction requiring an individual who is a party to the proceedings to take part in an activity that promotes contact with the child concerned”. Examples would include parenting or anger management classes. The child’s welfare is the paramount consideration for the court when deciding whether to make such a direction. No party

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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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