By Sara Rowlands

The Children and Adoption Act 2006 makes provision (amongst others) as regards contact with children, enforcing contact orders and greater involvement by CAFCASS post-order. The CAA 2006 follows the recommendation as set out in the July 2004 Green Paper Parental Separation: Children’s Needs and Parents’ Responsibilities and the follow up report Next Steps.

Enforcement Orders – Sections 11J to 11N and Schedule A1 CA 1989: The court’s enforcement powers have previously been limited to committal, fine or transfer of residence. All of which have problems. Where it is satisfied beyond reasonable doubt that a contact order or a condition attached to a contact order (including failing to attend an activity which is a condition of contact) has been breached, the court can now punish a parent with an unpaid work requirement.   The greater enforcement powers of the court are to be welcomed. However, experience and research suggests that unless there is a stronger requirement on the courts to ensure that contact orders are safe before they are enforced, this will result in further risk.

Contact Activity Directions and Conditions – Sections 11A to 11G CA 1989: The court can direct a parent to take part in an activity that would promote contact with a child or make it a condition of granting a contact order that the parent undertakes such an activity. Contact activities include programmes, classes and counselling or guidance sessions that assist a parent to establish, maintain or improve contact or address a parent’s violent behaviour to enable contact, or advise a parent on making or operating arrangements for contact. Contact activities can include mediation information sessions but not obligatory mediation.

Compensation for Financial Loss – Sections 11O to 11P CA 1989: One parent can be ordered to pay the other compensation for financial loss caused by the breach of an order. However, this can cause problems if it deprives a parent with limited means and may not be compatible with the child’s welfare

Monitoring Contact – Section 11H CA 1989: Children and Family Court Advisory and Support Service (CAFCASS) officers can monitor one or both parents’ compliance with contact orders, activities and enforcement orders for up to 1 year post order, without the parents’ consent.

There has been widespread support for the principle of improved post-order follow up, although doubts have been raised about the ability of CAFCASS Officers and the availability of CAFCASS resources to check whether a contact order is being implemented.