CONTACT WITH CHILDREN
The Children Act 1989 provided for the first time a unified and consistent code for the care and upbringing of children. It enabled parents who had separated to apply to the court for various orders including with whom the child should live (residence orders) and how often the non resident parent would see the child (contact orders). When deciding the appropriate order the court has to give paramount consideration to the child’s welfare and has to consider a checklist consisting of 7 factors, including such aspects as the child’s wishes, his physical, emotional and educational needs, his age, sex, any harm which he has suffered or is at risk of suffering and how capable each of the parents are of meeting the child’s needs.
Following the making of the order the court no longer becomes proactively involved in the welfare issues relating to the child unless either party makes further applications to the court. The parents are left to implement the terms of the order. A number of non resident parents found that, despite an order clearly stating when any contact visit was to take place and the length of such a visit, problems occurred whereby the child was not made available at the commencement of a contact visit or it was cancelled at the last minute by the resident parent.
On the 8 December 2008 Part 1 of the Children and Adoption Act 2006 came into force which gives the family courts powers to enforce contact orders and attempt to penalise parties who repeatedly breach a contact order.
The court can make a Contact Activity Direction (“CAD”) and Contact Activity Conditions (“CAC”). The courts also have broader powers of enforcement which can include financial penalties and unpaid work requirements.
Upon an application by either party to vary or discharge a contact order the court can consider making a CAD which may require the attendance of the parties at mediation, a Domestic Violence Perpetrator Programme (“DVPP”) and/or Parenting Programmes.
CACs provide the family courts with the power to impose conditions upon a party who is the subject of a contact order. The court has to be satisfied that:-
1. the activity is necessary and appropriate;
2. a course provider is located within a reasonable distance; and,
3. the chosen activity takes account of the likely impact on the subject of the condition.
After the making of a CAC the court may instruct the child and family reporter to monitor whether the activity conditions have been complied with and report to the court accordingly.
Compliance with CADs/CACs will test and highlight levels of commitment to the child who is at the heart of the order.
Penalties for breach of contact orders have been broadened by the recent changes. When any new contact orders are made there must now be a notice warning parties as to the consequence of any breach. If the contact order is not complied with without reasonable excuse then the court can impose sanctions ranging from financial compensation by one party to the other in respect of any financial losses arising from the breach, to an unpaid work requirement (ranging from 40 to 200 hours).
Jacobs & Reeves have family lawyers at their Poole (01202 674425), Parkstone (01202 731849) and Wimborne (01202 880382) offices.
For more information contact Jacobs & Reeves http://www.jacobsreeves.co.uk
Comments