The above concerns the new powers under the Children and Adoption Act 2006 (Commencement No 3 ) Order 2008 which came into force in December 2008.

The Court now (when considering whether to make or vary a contact order) has power to direct a party to take part in an activity which may promote contact.  The type of activities include programmes, classes and counselling or guidance sessions that may assist with establishing, maintaining or improving contact with a child, information sessions including sessions on mediation.  A section in the Act prevents a contact activity direction being used to require mediation or medical or psychiatric treatment (so a court cannot therefore force a party to participate in mediation).  A further section provides that a contact activity direction may only be made where there is a dispute about contact.

Before making a contact activity direction the court must obtain and consider information about the party who would be required to undertake the direction and the likely effect on him. This information should particularly look at any conflict with the party’s religious beliefs, any interference with the times at which he or she normally works or attends an educational establishment.  The court must also be satisfied that the activity proposed is appropriate in the circumstances of the case, the person proposed to be specified as the provider of the activity is suitable to provide the activity, the activity proposed is provided in a place to which the party can reasonably be expected to travel.

Providers of contact activities have to be approved by either the Legal Services Commission (in relation to mediation information/assessment meetings) or the Department for Children Schools and Families (DCSF) (in relation to Parenting Information Programmes and Domestic Violence Prevention Programmes).  A list of current DCSF providers can be found on the CAFCASS website – www.cafcass.gov.uk/system_page/contact_activity_provisions.aspx

A party who is publicly funded (formerly known as legal aid) will not have to pay for a contact activity offered by an approved service provider.  The DCSF will fund a service provider for a Parenting Information Programme up to £200 and up to £2,500 for a Domestic Violence Prevention Programme.  Mediation assessments are anticipated to cost about £80.

Those who are not publicly funded have the opportunity of applying for subsidised funding from the DCSF on financial hardship grounds, otherwise they are expected to pay for the activity.

When the court makes or varies a contact order it can also attach to it a contact activity condition requiring an individual to take part in an activity that promotes contact with the child concerned.

The court can require a CAFCASS officer to monitor a party’s compliance with a contact activity and report to the court on any failure to comply.  It is anticipated that a CAFCASS officer is likely to take a proactive role in suggesting to the court that a contact activity might be beneficial.

There are also new enforcement powers the court can impose for breach of contact orders.  A warning notice has to be attached to the contact order before such powers can be imposed, but in summary the powers are that in addition to the current powers to commit the person to prison, the court can now require the person to undertake unpaid work and/or order the person to pay compensation to another for financial loss by a breach (an example of this is where the person who was due to have contact has paid for a holiday for the children which had to be cancelled at the last minute because of the breach).  There are provisions stating that the court will only make an enforcement order if satisfied that the person has failed to comply with the contact order and the court may not make an enforcement order if it is satisfied that the person in breach had a reasonable excuse for breaching the order.

*This article is for general information purposes only and shall not be treated to be, or constitute legal advice.  We cannot accept any responsibility for any loss arising as a result of acts or omissions taken in respect of this article.