Justice For Families

http://www.familylawweek.co.uk/site.aspx?i=ed27436

New contact provisions in force on 25 November 2008

The Ministry of Justice has announced that the contact provisions of the Children and Adoption Act 2006 will come into force on 25 November 2008. The Act amends the Family Proceedings Rules with the aim of providing the courts with "more flexible powers to facilitate child contact and enforce contact orders" including

the power to require parents to undertake a “contact activity” such as attending relevant parenting programmes or classes, or information sessions, before a contact order is made.
the power to attach conditions to contact orders, which may require a parent to undertake a “contact activity” and to require a Cafcass officer to monitor contact.
enforcement of contact orders by enabling the courts to impose unpaid work on the person who breaches a contact order without reasonable excuse. This is in addition to the existing powers to treat the breach of the order as a contempt of court.
The provisions will come into force as a result of a Statutory Instrument to be published prior to the commencement date. That draft rules and forms were the subject of a consultation, the responses to which have just been published. There were 25 respondents to the consultation and the MoJ states that

"Respondents were generally content with the detailed provisions of the rules, although some raised questions in relation to the effect of some of the provisions and the general policy behind the Act."

In addition there were a number of more detailed comments on the draft application and order forms. These forms have been amended as a result.

The consultation paper and summary of responses can be found on the MoJ website as can the draft Rules.