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 failing to comply with court orders, the reality is more
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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll