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Various fake Batman and Robins have brought to the media's attention in recent times what some see to have been shortcomings in the court's powers in dealing with children contact disputes between separated parents.   There is difference in opinion as to the effectiveness of a cartoon character climbing St Stephen's Tower or throwing purple powder in the Houses of Parliament and their frustration is not always met with public sympathy.  It has highlighted that there are often continuing difficulties over the arrangements for children even after the court has made an order.

A contact order sets out when and how often a child will have contact with their non-resident parent or other person that they do not usually live.  In most cases this will be mum or dad, but it might also be grandparent, aunt or uncle. 

Before December 2008 the court's power in enforcing contact orders was limited to relatively punitive measures such as sending the breaching party to prison.  As can be expected the court is reluctant to send a parent to prison and its lack of teeth to be more creative has meant that fresh legislation might be welcomed. 

From 8 December 2008 legislation was introduced within the Children Act 1989 giving the court a wider range of enforcement powers to try to help deal with problematic cases, where contact orders are not being followed.   We are slowly starting to see the new provisions being put into effect.  They include the ability to impose financial penalties, and to order the breaching party to carry out unpaid work. 

In addition to enforcement provisions the court can direct three types of "contact activity", to try and help parents work together to avoid continuing conflict:

• mediation assessment meetings
• domestic violence perpetrator programmes
• parenting courses specially designed for parents who have separated

Locally the court and CAFCASS (the Child and Family Court Advisory and Support Service) are keen in appropriate cases for parties to utilise the resources that have been made available for the activities.  The attempt is to promote safer contact, and to assist separated parties in minimising conflict, the effect of splitting up, and to help parents adjust to the new situation they find themselves in.  Eligibility for the activities is means tested, however if you are entitled to legal aid (public funding) it is free.  Parenting courses are run by RELATE and they do not require separated parents to meet with another.  The sessions take place separately.  It is hoped that they will help parties reduce conflict and come to workable solutions together.

It is anticipated that the court will consider more and more cases with the contact activities in mind, however it may not always be the right solution.  If you are experiencing problems with contact, or would just like to find out more information to see if this is something we can help with, please contact Stephens Scown.  Our family team has expertise and accredited specialists in family law who will be pleased to help.