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 may be compelled to attend mediation and nor may they
